(A) The role of the Zoning Board of Appeals (ZBA) as authorized by Michigan's zoning statutes is a unique and important one. The ZBA is empowered to hear and decide appeals from any person or board aggrieved by an administrative decision. An administrative decision is one made by a zoning administrator or the planning commission, or by a legislative body acting in an administrative capacity. The ZBA has significant authority relative to interpreting and ultimately enforcing the legislative intent of zoning regulations. This "quasi-judicial" responsibility is separate from the duties carried out by the Village Council, Planning Commission, Zoning Administrator, and others involved in zoning.
(B) No other body or individual in the village has the power to waive or vary the requirements of the community's zoning law. For this reason, the exercise of that authority must be carried out in conformance with prescribed procedures to ensure to the extent possible that there is uniform application of the zoning laws throughout the community.
(C) Obtaining a variance from the village's zoning laws should be difficult, at best, to accomplish. Only the rarest of situations should qualify and each must satisfy a number of prescribed tests in order to be granted relief from the regulations that are ultimately intended to protect the general health, safety, and welfare of the community. Each time a waiver of the rules is granted, there is potential to erode the integrity of the community's zoning regulations.
(D) As with all the village's boards, commissions, and committees, the Zoning Board of Appeals is often asked to make tough choices. It is sometimes difficult to remain entirely objective, not allowing emotion, compassion, and personal preferences to influence a decision. But as a quasi-judicial body, the ZBA must not be persuaded by likes and dislikes, personalities, or personal feelings. Whether the ZBA agrees or disagrees with any provision in the ordinance is irrelevant. Decisions must be based solely on the applicable provisions of the zoning ordinance and the applicant's ability to qualify for some relief from those provisions based on the standards of the ordinance.
(E) Unless caution is exercised, actions of the ZBA may sometimes have the effect of amending the ordinance and violating the intent of its provisions. The ZBA cannot amend the zoning ordinance, including providing rezonings or text changes. The Board must function solely to provide relief for the rare exception situation where conformance to the zoning requirements is either impossible or would be extremely difficult. Secondarily, the Board must be the "arbiter" of disputes or questions regarding the enforcement or interpretation of the ordinance provisions. This job must be undertaken with a genuine commitment to uphold the intent and spirit of the village zoning regulations.