[Comp. Ords. 1995, § 15.281; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § II, 5-7-2007]
(a)
There is hereby created a five-member Zoning Board of Appeals, hereinafter
referred to as the Zoning Board of Appeals, which shall perform its
duties and exercise its powers and jurisdiction according to the provisions
of this chapter to the end that the objectives of this chapter are
observed, public safety and general welfare secured, and substantial
justice done. The Zoning Board of Appeals shall fix rules and regulations
to govern its procedures.
(b)
Members of the Zoning Board of Appeals shall be appointed by the
President of the Village subject to confirmation by the Village Council.
The membership shall serve at the pleasure of the Village Council
for three-year terms. The Village Council may appoint two alternate
members who shall serve in the absence of any member or serve in the
instance that a member must be excused from any matter before the
board.
(c)
The Zoning Board of Appeals shall adopt rules necessary to the conduct
of its affairs and in keeping with the provisions of this chapter
to govern its procedure sitting as such Board of Appeals. Meetings
shall be held at the call of the chairman and at such other times
as the Board of Appeals may determine. All meetings shall be open
to the public.
(d)
The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be a public
record and be immediately filed in the office of the Village Clerk.
[Comp. Ords. 1995, § 15.282; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Zoning Board of Appeals shall have the following powers and duties:
(1)
Appellate jurisdiction. To hear and decide appeals where it
is alleged there is error in any order, requirement, decision or determination
made by the Zoning Administrator in the enforcement of this chapter.
a.
Appeals; filing. Appeals to the Board of Appeals concerning
interpretation or administration of this chapter may be taken by any
person aggrieved or by any officer or bureau of the Village Council
affected by any decision of the Zoning Administrator. Such appeals
shall be taken within a reasonable time of the aggrieved action by
filing with the Zoning Administrator and with the Board of Appeals
a notice of appeals specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the Board of Appeals all papers constituting
the record upon which the action appealed from was taken.
b.
Hearings. The Board of Appeals shall fix a reasonable time for
a hearing and shall give due notice as required by Public Act No.
110 of 2006 (MCL 125.3101 et seq.).
c.
Stay of proceedings. An appeal stays all proceedings in furtherance
of the action appealed from, unless the Zoning Administrator from
whom the appeal is taken certifies to the Board of Appeals after the
notice of appeals is filed with him, that by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril
to life and property. In such case, proceedings shall not be stayed
other than by a restraining order which may be granted by the Board
of Appeals or by the circuit court on application, on notice to the
Zoning Administrator from whom the appeal is taken and on due cause
shown.
(2)
Variance applications; procedures. To authorize upon written
application in specific cases such variance from the strict interpretation
of this chapter as shall not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions
of this chapter would result in practical difficulties or unnecessary
hardship to the applicant. A variance from the terms of this chapter
shall not be granted by the Board of Appeals unless and until:
a.
Written application for a variance is submitted to the Zoning
Administrator demonstrating:
1.
That special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable
to other lands, structures or buildings in the same district;
2.
That literal interpretation of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this chapter;
3.
That the special conditions and circumstances do not result
from the actions of the applicant;
4.
That granting the variance requested will not confer on the
applicant any special privilege denied by this chapter to other lands,
structures or buildings in the same district.
b.
No nonconforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands,
structures or buildings in other districts shall be considered grounds
for the issuance of a variance.
c.
Notice of hearing shall be given in accordance with Act No.
110 of 2006 (MCL 125.3101 et seq.).
d.
The hearing shall be held within 30 days after the application
is submitted. Any party may appear in person, by agent or by attorney.
e.
The Board of Appeals shall make findings that the requirements
of § 34-61(2)a have been met by the applicant for a variance.
f.
The Board of Appeals shall further make a finding that the reasons
set forth in the application justify the granting of the variance
and that the variance is the minimum variance which will make possible
reasonable use of the land, building, or structure.
g.
The Board of Appeals shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this chapter and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
h.
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 34-28.
i.
Under no circumstances shall the Board of Appeals grant a variance
to allow a use not permissible under the terms of this chapter in
the district involved, or any use expressly or by implication prohibited
by the terms of this chapter in said district.
(3)
Reversing decision of Zoning Administrator.
a.
In exercising the powers mentioned in Subsections (1) and (2) of this section, the Board of Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of Zoning Administrator from whom the appeal is taken under appellate jurisdiction.
b.
The concurring vote of two-thirds of the members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision
or determination of the Zoning Administrator, or to decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter or to effect any variation in the application of this
chapter.
[Comp. Ords. 1995, § 15.283; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Any person or department, board or bureau of the Village aggrieved
by any decision of the Board of Appeals may seek review by a court
of record of such decision, in the manner prescribed by the laws of
the state.
[Comp. Ords. 1995, § 15.284; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 138, § 15.384, 2-7-2005]
(a)
Any required site plan shall be submitted in triplicate, or original
quality, to the Village Clerk along with a covering letter in triplicate
signed by the owner of the land and/or prospective developer providing
an explanation and background information on the proposed development
along with all necessary fees and documents required by this chapter,
including, but not limited to, escrow fees established by the Village
resolution requiring the reimbursement for all expenses incurred by
the Village in connection with zoning approval and side plan review.
(b)
It is further the intent of this chapter that the duties of the Village
Council in connection with this chapter shall not include hearing
and deciding questions of interpretation and enforcement that may
arise. The procedure for deciding such questions shall be as stated
in this chapter. Under this chapter, the Village Council shall have
only the duties of:
