(A) An applicant requesting any action by the Board shall commence the request by filing a notice of appeal, on the form supplied by the village, accompanied by the appeal fee as determined by the Village Council, and all plans, studies, and any other information and data as applicable, all of which shall be made a part of the record.
(B) Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the applicant within 30 days of the date of the order issuance or refusal to issue permit, requirement, or refusal.
(C) The Board shall fix a time for a hearing on the appeal, and shall notify the applicant of the time and place of the hearing. Notice of all public hearings conducted by the Board shall appear in a newspaper of general circulation in the village in accordance with the provisions of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, M.C.L.A. §§ 125.3101 et seq. not less than 15 days prior to the hearing where the appeal pertains to a specific parcel(s) of property. Notice of the public hearings shall be sent to the persons to whom real property is assessed and to the occupants of all structures within 300 feet of the boundaries of the property in question. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If the tenant’s name is not know, the term occupant may be used.
(D) Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of their appeal. The Board of Appeals shall have the power to require the attendance of witness, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the Board of Appeals.
(E) The Board shall not decide an appeal until after a public hearing.
(F) The Board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.
(G) The Board may impose conditions with any decision. The conditions imposed shall meet all of the following requirements:
(1) Be designed to protect natural resources, public health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
(2) Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity; and
(3) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this chapter, enforceable as such, and/or may be grounds for revocation or reversal of the decision.
(H) All decisions of the Board shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of the hearing.
(I) Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.
(J) The Board may reconsider an earlier decision if, in the opinion of the Board, circumstances justify taking the action.
(K) (1) No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period of longer than 1 year, unless a building permit for the erection or alteration is obtained within the period, and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.
(2) No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than 1 year, unless the use is established within the period; provided, however, that the order shall continue in force and effect if a building permit for the erection or alteration is obtained within the period, and the erection or alteration is started and proceeds to completion in accordance with the permit.
(L) (1) Any person or persons or any board or department of the village having an interest affected by a decision of the Board shall have the right to appeal to the circuit court and in accordance with the provisions of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, M.C.L.A. §§ 125.3101 et seq. on questions of law and fact.
(2) The appeal must be taken within 21 days after the date of the Board's decision.
(3) A request for reconsideration under division (J) above shall not toll the time for taking the appeal.
(4) In the event a request for reconsideration is granted, the time period for appeal shall commence from the approval the minutes of the meeting where the appeal was reconsidered.
(5) In any event, only 1 request for reconsideration on each appeal shall be allowed.
(Ord. 239, passed 3-5-2001, § 11.5; Am. Ord. 278, passed 9-19-2011)