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There is hereby established a Zoning Board of Appeals, the membership, powers and duties of which are prescribed in Act 110 of the Public Acts of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended. The Board shall have the power to interpret, vary and determine the application of the Zoning Ordinance so that the purposes and intent of the chapter are met and substantial justice is maintained.
(Ord. 37, passed 8-28-2005)
(A) The Village Council shall act as the Zoning Board of Appeals in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended (M.C.L.A. §§ 125.3101 et seq.).
(B) The Village President shall serve as the Chairperson of the Zoning Board of Appeals and the President Pro Tem shall serve as the Zoning Board of Appeal’s Vice-Chairperson.
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009)
The Zoning Board of Appeals, in addition to the general powers and duties conferred upon it by Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, in specific cases and subject to appropriate conditions and safeguards, shall have the following duties:
(A) Appeals. The Zoning Board of Appeals shall hear and decide questions that arise in the administration of the Zoning Ordinance. The Zoning Board of Appeals shall hear and decide appeals from and review any administrative order, requirement, decision or determination made by the Zoning Administrator or other official or body duly charged with the enforcement of the Zoning Ordinance. This shall include appeals of decisions related to a site plan or special land use, but excluding for a residential open space development, condominium project, or other planned development.
(B) Variances. The Zoning Board of Appeals shall hear and decide requests for variances from the requirements of this chapter where there is practical difficulty or unnecessary hardship imposed on the applicant in carrying out the strict letter of this chapter, in accordance with § 152.444. The Zoning Board of Appeals may grant non-use variances relating to the construction, structural changes or alteration of buildings or structures related to dimensional requirements of the Zoning Ordinance or to any other non-use-related standard in the Zoning Ordinance. The Zoning Board of Appeals may grant variances from uses of land subject to a vote of two-thirds of the members of the Zoning Board of Appeals to approve a use variance.
(C) Interpretation and other duties. The Zoning Board of Appeals shall also have the power to act on any other matters where this chapter provides for administrative review, interpretation, variance or exception, including the following.
(1) Land uses. Interpretation of permitted uses and special land uses in a zoning district, to determine if a specific use is included within a more general land use category. In making this determination, the Zoning Board of Appeals shall consider the following:
(a) The similarity and compatibility of the use in question to those uses listed in the zoning district;
(b) The conformance of the use in question to the stated goals of the district, the larger Zoning Ordinance and the Village Master Plan; and
(c) Whether or not the use in question is specifically listed in any other zoning district.
(2) Zoning map. The Zoning Board of Appeals shall hear and decide questions regarding the interpretation of the village zoning map.
(3) Records. The Zoning Board of Appeals shall keep a record of all decisions interpreting this chapter, including zoning map and land use interpretations listed above. The Zoning Ordinance shall be amended to incorporate these decisions as appropriate.
(D) Limitations. The Zoning Board of Appeals, notwithstanding any terms herein to the contrary, shall not have the power to change the zoning district classification of any property, to review a proposed zoning or re-zoning of any property, review decisions related to approval or denial of a for a residential open space development, condominium project, or other planned development, to make any change in the terms or intent of this chapter, prohibit a use that is permitted in this chapter or determine the validity of this chapter. The ZBA shall not have the power to reverse or modify the Village Council decision to approve or deny a for a residential open space development, condominium project, or other planned development; to grant variances to any a for a residential open space development, condominium project, or other planned development standards or as to any conditions established by the Village Council in its approval for a residential open space development, condominium project, or other planned development; or any conditional re-zoning under § 152.262(N).
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009; Ord. 139, passed 9-11-2017)
(A) Application. Any request for action by the Zoning Board of Appeals shall be submitted in writing to the Zoning Administrator on a standard village form. The applications shall be accompanied by the necessary review fee and all relevant plans, studies and other information, which shall be made a part of the public record.
(B) Appeals. An appeal may be taken by a person aggrieved, or by an officer, department, board or bureau of the village.
(1) An appeal of a determination by the Zoning Administrator or other duly authorized enforcing agent or body shall be made within 30 days of the date of permit approval or denial.
(2) The Zoning Administrator shall transmit to the Zoning Board of Appeals all documents, or direct copies thereof, constituting the record from which the appealed action was taken.
(3) An appeal stays all proceedings, and thereupon all changes in the status quo of the property concerned shall constitute a violation of this chapter; except that the Zoning Administrator may certify to the Zoning Board of Appeals, after the notice of the appeal has been filed, that for reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. If such a certification is filed, the proceedings shall only be stayed by a restraining order, which may be granted by the Zoning Board of Appeals or on application to the Circuit Court when due cause can be shown.
(4) If an appeal or variance request to the Zoning Board of Appeals involves a lot, structure or a use for which site plan approval is required by this Code, the applicant or appellant shall first apply for preliminary site plan approval as set forth in § 152.389 herein. The Planning Commission shall review the site plan and shall determine the layout and other features required to obtain approval of the site plan. The Planning Commission shall then transmit a copy of the site plan and the Commission's findings thereon to the Zoning Board of Appeals. The Board shall, upon deciding on the appeal or variance request, return the plan and its decision to the Planning Commission for Commission action on the site plan.
(C) Meetings. All meetings of the Zoning Board of Appeals shall be open to the public and shall fully comply with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended. Meetings shall be held at the call of the Chairperson and at the other times as the Zoning Board of Appeals shall specify in its rules and procedures. The Zoning Board of Appeals shall not conduct business unless a majority of the Zoning Board of Appeals is present. The business of the Zoning Board of Appeals shall be conducted in accordance with its adopted by-laws. The Village Attorney shall act as legal counsel for the Zoning Board of Appeals and shall be present at all meetings upon request of the Zoning Board of Appeals.
(D) Public notice. The Zoning Board of Appeals shall fix a reasonable time for a public hearing of an appeal or variance and shall notify the applicant of the time and place of the hearing. Notice of the public hearing shall be given in accordance with the provisions of § 152.022. Upon the hearing, a party may appear in person, by agent or by attorney.
(E) Minutes. Minutes of all proceedings shall be recorded, which shall be filed in the office of the Clerk of the Village Council. The minutes shall contain evidence and data relevant to each case considered, together with the separate votes of the members and the final disposition of each case.
(F) Action. A concurring vote of the majority of the Zoning Board of Appeals shall be necessary to reverse an order, requirement, decision or determination of the Zoning Administrator or other administrative official or body, to decide in favor of an applicant on any matter upon which the Zoning Board of Appeals is required to pass under this chapter, or to grant a variance from the Zoning Ordinance, except a concurring vote of two-thirds of the Zoning Board of Appeals shall be required to grant a use variance as provided for under § 152.444. A member of the Village Council who is also a member of the Planning Commission shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission or Village Council. However, the member may consider and vote on other unrelated matters involving the same property, including any variance requests which are solely within the Zoning Board of Appeals jurisdiction.
(G) Decision. The Zoning Board of Appeals shall return a decision upon each case within 60 days of application, unless additional time is agreed to by the applicant.
(1) The Zoning Board of Appeals may impose reasonable conditions upon an affirmative decision. The conditions may include those necessary to prevent negative impacts on public infrastructure, natural resources, adjacent properties, social and economic well-being and public health, safety and welfare.
(2) A decision of the Zoning Board of Appeals shall not become final until ten days from the date of the decision. Any appeal from a decision of the Zoning Board of Appeals to the circuit court shall be filed within 30 days after the Zoning Board of Appeals issues its decision in writing signed by the Chairperson, or within 21 days after the Zoning Board of Appeals approves the minutes of its decision.
(3) If no decision is made regarding an appeal at the advertised public hearing, disposition of the case must be set to a certain date at that time, and this date must be clearly stated in the meeting minutes. If no certain date is set and duly noted in the public record, notice of the next meeting at which the case will be considered shall be provided as required under division (D) above.
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009; Ord. 139, passed 9-11-2017)
(A) Where owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would involve practical difficulties or cause unnecessary hardship within the meaning of this chapter, the Zoning Board of Appeals shall have the power upon appeal in specific cases to authorize such variation or modification of the provisions of the Zoning Ordinance with such conditions and safeguards as it may determine as may be in harmony with the spirit of this chapter and so that public safety and welfare be secured and substantial justice done.
(B) No such variance or modification of the provisions of the Zoning Ordinance shall be granted unless it appears that all of the following facts and conditions exist:
(1) The alleged practical difficulties, hardships or both, are exceptional and peculiar to the subject property or intended use of the property, that do not apply generally to other properties or class of uses in the same district;
(2) Failure to grant the variance will deprive the property owner of his or her reasonable use as enjoyed by other property owners in the same district and vicinity. This shall include substantially more than mere inconvenience and/or inability to attain a higher financial return;
(3) Allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by failure to grant the variance and the rights of others whose property would be affected by approval of the variance;
(4) The variance will be consistent with the purpose and intent of this chapter, will not adversely affect the purpose or objectives of the master plan of the village, will not be contrary to the public interest, will not injure the public or private rights of others and will not diminish the value of surrounding properties;
(5) The conditions and circumstances on which the variance request is based have not been self-created by the applicant or predecessors in title; and
(6) The variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and the same zoning district, and shall be the minimum variance that will make possible a reasonable use of the land or structure.
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009)
The following rules shall be applied in the granting of variances.
(A) In granting a variance, the Zoning Board of Appeals shall specify, in writing, to the applicant the conditions of approval that will, in its judgment, ensure the purpose and intent of this chapter are met. The breach of any conditions shall automatically invalidate the permit granted.
(B) The Zoning Board of Appeals may, upon review and public hearing, and unless good cause can be shown, declare a variance null and void if construction authorized by the variance has not commenced within one year after the date of approval and been pursued diligently to completion.
(C) No application for a variance that has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Zoning Board of Appeals to be valid.
(D) In authorizing any variance, the Zoning Board of Appeals may require that a performance bond be furnished to insure compliance with the requirements, specifications and conditions imposed (see § 152.026).
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009)
AMENDMENT
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