A.
The Village Council may from time to time, at its own initiative
or upon recommendation from the Planning Commission or on petition,
amend, supplement, or change the district boundaries or the regulations
herein, pursuant to the authority and procedures set forth in Public
Act No. 110 of 2006 (MCLA 125.3101 et seq.). Text amendments may be
proposed by any governmental body or any interested person or organization.
Changes in district boundaries may be proposed by a governmental body,
any person having a freehold interest in the subject property, or
by the designated agent of a person having a freehold interest in
the property.
B.
The Village Council shall establish, by resolution, a fee to be paid
in full at the time of receipt of any application to amend this chapter.
Said fee shall be collected by the Village and no part shall be refundable
to the applicant. No fee shall be charged when the applicant is the
Village.
A.
Application. A petitioner shall submit a completed and signed application
for an amendment to this chapter, along with the appropriate fees,
to the Village. An application shall be submitted for each parcel
of land which is not contiguous to any adjacent parcel of land being
proposed for the same amendment.
B.
Action of the Village. The Village shall review the application form
to ensure it is complete. Any application not properly filed or completed
shall be returned to the applicant. Completed applications shall be
transmitted to the Planning Commission. The application shall be placed
on the agenda of the next regularly scheduled Planning Commission
meeting.
C.
Notice of hearing. After receiving the amendment application, the
Planning Commission shall establish a date for a public hearing on
the application which will be conducted by the Planning Commission
within two months of the date of application receipt by the Village.
The Village shall give notice of the public hearing in the manner
required by Public Act No. 110 of 2006 (MCLA 125.3101 et seq.).
D.
Planning Commission and Village Council action; hearing. Following
the hearing on the proposed amendment, the Planning Commission shall
make written its findings of facts along with its recommendations
to the Village Council of receipt of the completed petition. The Village
Council may hold additional hearings if the Council considers it necessary.
The Village Council may, by majority vote of its membership:
(1)
Adopt the proposed amendment.
(2)
Reject the proposed amendment.
(3)
Refer the proposed amendment back to the Planning Commission for
further recommendation within a specified time period. Thereafter,
the Village Council may either adopt the amendment with or without
the recommended revisions, or reject it.
The Planning Commission and Village Council shall, at a minimum,
consider the following before taking action on any proposed amendment:
A.
Will the proposed amendment be in accordance with the basic intent
and purpose of this chapter?
B.
Will the proposed amendment further the comprehensive planning goals
of the Village?
C.
Have conditions changed since this chapter was adopted, or was there
a mistake in this chapter, that justify the amendment?
D.
Will the amendment correct an inequitable situation created by this
chapter, rather than merely grant special privileges?
E.
Will the amendment result in unlawful exclusionary or spot zoning?
F.
Will the amendment set an inappropriate precedent, resulting in the
need to correct future planning mistakes?
G.
If a rezoning is requested, is the proposed zoning consistent with
the zoning classification of the surrounding land?
H.
If a rezoning is requested, could all requirements in the proposed
zoning classification be complied with in the subject parcel?
I.
If a rezoning is requested, is the proposed zoning consistent with
the trends in land development in the general vicinity of the property
in question?
J.
What is the impact on the ability of the Village and other governmental
agencies to provide adequate public services and facilities and/or
programs that might reasonably be required in the future if the proposed
amendment is adopted?
K.
Does the petitioned district change adversely affect environmental
conditions or the value of the surrounding property?
(1)
Protest. Whenever a written protest against a proposed amendment
is presented, in writing, to the Village, signed by the owners of
at least 20% of the area included in the proposed change, or by the
owners of at least 20% of the area of land included within an area
extending outward 100 feet from any point on the boundary of land
included in the proposed change, excluding publicly owned land in
calculating the twenty-percent requirement, such amendment shall not
be passed except by the favorable vote of 3/4 of the entire Village
Council.
(2)
Reconsideration of a proposed amendment. No application for a map
amendment which has been denied by the Village Council shall be reconsidered
unless there have been changes in the facts, evidence, and/or conditions
in the case. Determination of whether there have been such changes
shall be made by the Planning Commission at the time the application
is submitted for processing.
(3)
Notice and record of amendment adoption. Following adoption of an
amendment by the Village Council, notice shall be published in a newspaper
of general circulation in the Village within 15 days after adoption.
A record of all amendments shall be maintained by the Village. A current
master Zoning Map shall be maintained by the Village and displayed
for public information and viewing.
A.
Enforcement of chapter by Village Manager. This chapter shall be
enforced by the Village Manager or his designee, who shall, in no
case except under a written order of the Board or the Village Council
or Board of Zoning Appeals, issue any permit for the erection or structural
alteration of any building, nor grant any occupancy permit for any
building or land where the proposed erection, structural alteration
or use thereof would be in violation of any of the provisions of this
chapter. The Village Manager or his designee shall investigate any
alleged violation of this chapter coming to his attention, whether
by complaint or arising from his own personal knowledge, and if the
violation is found to exist, he shall serve notice upon the owner,
and notify the Village Council and prosecute a complaint to terminate
said violation before the appropriate magistrate. The Village Manager
or his designee shall make an inspection of all new construction from
time to time to ascertain that the dimensions and conditions stated
on the application are complied with. The Village Manager shall also
make periodic inspections throughout the Village to ascertain that
the requirements of this chapter are complied with.
B.
Maintenance of records. It shall be the further duty of the Village
Manager or his designee to keep all records of all inspections and
applications for building permits and of all such permits issued,
with a notation of all special conditions involved. The Village Manager
shall file and safely keep copies of all plans other than for one-family
houses and fees submitted with such application, and the same shall
form a part of the records of his office and shall be available to
the Village Council and all other officials of the Village.
A.
Required. No land shall be occupied or used, and no building hereafter
erected or altered shall be occupied or used, in whole or in part,
for any purpose whatsoever until a certificate of occupancy shall
have been issued by the Village Manager or his designee stating that
the premises or building complies with all the provisions of the approved
plans and all ordinances of the Village. Such certificate of occupancy
shall be granted or denied within 10 days from the date the written
application therefor has been received by the Village Manager or his
designee. Where any special use conditions are applicable, said conditions
shall be stated on the certificate of occupancy.
B.
Records. A record of all certificates of occupancy shall be kept
on file in the office of the Village Manager or his designee, and
copies shall be furnished upon request to any person having a proprietary
or leasehold interest in the building or land affected.
A.
Any owner or agent, and any person or corporation, who shall violate
any of the provisions of this chapter or fail to comply therewith
or with any of the requirements thereof or who shall erect, structurally
alter, enlarge, rebuild or move any building or structure or who shall
put into use any lot or land in violation of any detailed statement
or plan submitted hereunder, or who shall refuse reasonable opportunity
to inspect any premises, shall be responsible for a municipal civil
infraction.
B.
The owner of any building or structure, lot or land, or part thereof,
where anything in violation of this chapter shall be placed or shall
exist, and any architect, builder, contractor, agent, person or corporation
employed in connection therewith who knowingly assists in the commission
of such violation shall each be responsible for a municipal civil
infraction.
There is hereby created a board of zoning appeals, consisting of five members appointed by the Village Council as authorized under Article VI of Public Act No. 110 of 2006 (MCLA 125.3601 et seq.).
The Board of Zoning Appeals shall perform all the duties and
have all the powers prescribed by the revised state statutes and the
amendments thereto and herein more particularly provided. It shall
adopt such rules of procedure, not inconsistent with the provisions
of the revised state statutes and local ordinances, as it may deem
necessary to the proper performance of its duties and the proper exercise
of its powers.
The Board of Zoning Appeals may employ such clerical or other
assistance as may be necessary, provided that it shall not at any
time incur any expense beyond the amount of the appropriation made
and then available for that purpose.
Appeals to the Board of Zoning Appeals in any matter over which
it may have jurisdiction may be taken by any party aggrieved by the
decision or order appealed from, or by an officer, department, board
or agency of the Village affected by such decision or order. A notice
of appeal, specifying the grounds thereof, shall be filed with the
Village Clerk within 30 days after the date of the action appealed
from. An appeal shall stay all proceedings in furtherance of the action
in respect to which the decision or order appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Zoning Appeals that by reason of the facts stated in the
certificate, a stay would, in his opinion, cause imminent peril to
life or property. In such case, proceedings shall not be stayed except
upon a restraining order granted by the Board of Zoning Appeals or
by the circuit court upon notice to the officer from whom the appeal
is taken and on due cause shown.
Subject to the provisions of this section, and in addition to
other duties and powers specified herein, the Board of Zoning Appeals,
after public hearing, shall have the power to decide applications
for variances:
A.
Where it is alleged by the applicant that by reason of the exceptional
narrowness, shallowness or shape of a specific piece of property on
the effective date of the ordinance from which this chapter is derived,
or by reason of exceptional topographic conditions or other extraordinary
situation or condition of the land, building or structure, or of the
use of development of the property immediately adjoining the property
in question, the literal enforcement of the requirements of this chapter
would involve practical difficulties or would cause undue hardship,
provided that the Board of Zoning Appeals shall not grant a variance
on a lot of less than the requirements of its zone, even though such
lot existed at the time of the passage of this chapter, if the owner
or members of his immediate family owned adjacent land which could,
without undue hardship, be included as part of the lot;
B.
Where it is alleged by the applicant that there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of this chapter relating to the construction, structural changes in
equipment, or alterations of buildings or structures, or the use of
land, buildings or structures, so that the spirit of this chapter
shall be observed, public safety secured and substantial justice done;
or
C.
Where it is alleged that the condition or situation of the specific
piece of property or the intended use of said property for which the
variance is sought is not of so general or recurrent a nature as to
make reasonably practical the formulation of a general regulation
for such conditions or situation as part of this chapter.
No variance in the provisions or requirements of this chapter
shall be authorized by the Board of Zoning Appeals unless the Board
finds from reasonable evidence that all the following facts and conditions
exist:
A.
That there are exceptional or extraordinary circumstances or conditions
applying to the property in question as to the intended use of the
property that do not apply generally to other properties in the same
zoning classification;
B.
That such variance is necessary for the preservation and enjoyment
of a substantial property right similar to that possessed by other
properties in the same district and in the vicinity, provided that
the possibility of increased financial return shall not be deemed
sufficient to warrant a variance;
C.
That the authorization of such variance will not be of substantial
detriment to adjacent property, and will not materially impair the
intent and purposes of this chapter or the public health, safety and
welfare; and
D.
That the condition or situation of the specific piece of property
or the intended use of said property for which the variance is sought
is not of so general or recurrent a nature as to make reasonably practical
the formulation of a general regulation for such conditions or situation
as part of this chapter.
[1]
Editor’s Note: Former § 370-67, Land use variances
prohibited, was repealed 11-25-2019 by Ord. No. 259.
The Board of Zoning Appeals shall have the power to hear and
decide, in accordance with the provisions of this chapter, interpretations
of this chapter, and may make decisions upon other special questions
on which the Board of Zoning Appeals is authorized to pass. In considering
such applications, the Board of Zoning Appeals shall review the case
within the intent of this chapter, giving due regard to the nature
and condition of all adjacent uses and structures and the consistency
therewith of the proposed use. Before authorizing a use, the Board
of Zoning Appeals shall determine whether the proposal would be hazardous,
harmful, noxious, offensive or a nuisance to the surrounding neighborhood
by reason of noise, smoke, odor, vibration, dust, dirt, cinders, noxious
gases, glare, heat, fire potential, sewage wastes, pollution, parking,
transportation, traffic aesthetic effect, devaluation of property
values and/or psychological effects, and for the purpose of making
such a determination may enlist the aid of experts, technicians and
consultants. The Board of Zoning Appeals shall decide the appropriateness
of exceptions and conditional uses within the intent of this chapter
and may impose such requirements and conditions necessary to preserve
such intent. In the determination of such requirements and conditions
of use, the Board of Zoning Appeals shall consider the standards enumerated
herein for similar uses devising such proportionate requirements as
will achieve compatibility of use and do substantial justice and serve
the public interest.
Upon the filing of any appeal as hereinafter provided, or other
application in any matter or proceedings over which the Board of Zoning
Appeals shall have jurisdiction by law or ordinance, the Board shall
hold a hearing on such appeal or application at its next meeting,
to be held not less than 15 days after the date of such filing, and
shall cause notice of the time and place of the hearing to be given
as required by Section 604 of Public Act No. 110 of 2006 (MCLA 125.3604).
The Board of Zoning Appeals shall render its decision upon such
appeal or application within 60 days after the hearing thereon, and
in any event within 90 days after the date of filing of the appeal
or application, and upon failure to do so, such appeal or application
shall thereupon be deemed to be decided adversely to the appellant
or applicant in the same manner as though the Board of Zoning Appeals
had rendered its decision to that effect.
Upon the filing of any appeal or application to the Board of
Zoning Appeals by any person other than an officer, department, board
or agency of the municipality, the appellant or applicant shall pay
fees as determined by Village ordinance to defray the cost of publishing
notice of the appeal or application and the Board of Zoning Appeal's
decision thereon, of hearing and recording the matter.
The concurring vote of three members of the Board of Zoning
Appeals shall be necessary to reverse any order, requirement or decision
of any administrative official or to decide in favor of that applicant
on any matter they are required to pass.
The secretary shall keep minutes of the Board of Zoning Appeal's
proceedings showing the vote of each member upon every question, or
if absent or failing to vote, indicating that fact. The secretary
shall keep records of the Board's examinations and official actions,
all of which shall be immediately filed in the office of the Board
and shall be a public record.
