There is hereby created a Zoning Board of Appeals, the membership,
powers and duties of which are prescribed in this article.
A.
Membership.
(1)
The Zoning Board of Appeals shall consist of five members appointed
by the Village Council. One member of the Village Council shall be
appointed a member of the Zoning Board of Appeals. One member of the
Planning Commission may be appointed a member of the Zoning Board
of Appeals. In addition, not more than two alternate members may be
appointed by the Village Council.
(2)
Each member and each alternate member shall serve a term of
three years from the effective date of his or her appointment; provided,
regular and alternate members of the Zoning Board of Appeals serving
in such position on the effective date of this chapter may continue
their term.
B.
Alternates. The alternate members of the Zoning Board of Appeals
may be called as specified herein, to sit as regular members of the
Zoning Board of Appeals in the absence of a regular member, if a regular
member is absent from or unable to attend one or more meetings of
the Zoning Board of Appeals. An alternate member may also be called
to serve in the place of a regular member for the purpose of reaching
a decision on a case in which the regular member has abstained for
reasons of conflict of interest. The alternate member having been
called shall serve in the case until a final decision has been made.
The alternate member shall have the same voting rights as a regular
member of the Zoning Board of Appeals. The decision of whether an
alternate member shall sit in the absence of a regular member shall
be determined by the Chairman of the Zoning Board of Appeals, and,
if there is no Chairman, by a majority of the Zoning Board of Appeals'
members then in attendance at a duly called meeting of the same.
The Zoning Board of Appeals shall have all jurisdiction and
powers granted by the Michigan Zoning Enabling Act,[1] all jurisdiction and powers prescribed in other articles
of this chapter and the following specific jurisdiction and powers:
A.
To hear and decide appeals from and review any order, requirements,
decision or determination made by an administrative official or body
charged with the enforcement of this chapter, excluding, however,
decisions regarding the authorization of special land uses, rezoning
of property, zoning amendments, and planned unit developments which
are made by the Village Council or Planning Commission. The Zoning
Board of Appeals may reverse or affirm, wholly or in part, or may
modify the order, requirement, permit, decision, or determination
as in the Board's opinion ought to be made in the premises, and to
that end shall have all the powers of the administrative official
from whom the appeal is taken.
B.
The jurisdiction and power to act upon all questions as they may
arise in the administration and enforcement of this chapter, including
interpretation of the Zoning Map and text of this chapter;
C.
To hear and decide matters referred to the Zoning Board of Appeals
or upon which the Zoning Board of Appeals is required to pass under
this chapter; and
D.
If there are practical difficulties or unnecessary hardship in the
way of carrying out the strict letter of this chapter, the Zoning
Board of Appeal is empowered to grant variances from any of the rules
or provisions of this chapter relating to the construction of, or
structural changes in, or alteration of, buildings or structures,
or to any other nonuse-related standards in this chapter, so that
the spirit of this chapter shall be observed, public safety secured,
and substantial justice done.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
No variance shall be authorized by the Zoning Board of Appeals
unless it is found from the evidence that all of the following conditions
exist:
A.
That there are exceptional or extraordinary circumstances or conditions
applying to the property in question which are different from other
properties in the same zoning district or result from conditions which
do not exist throughout the Village of Spring Lake.
B.
That such variance is necessary for the preservation and enjoyment
of a substantial property right and that the need for such variance
was not created by the applicant. The possibility of increased financial
return shall not of itself be deemed sufficient to warrant a variance.
C.
That the granting of such variance will not be of substantial detriment
to adjacent property or materially impair the intent and purposes
of this chapter or the public interest.
D.
The condition or situation of the property or its intended use is
not of so general or recurrent a nature as to make reasonably practicable
a general regulation for the condition or situation.
E.
The enforcement of the literal requirements of this chapter would
involve practical difficulties.
F.
There is no reasonable alternative location on the parcel for the
proposed improvements for which a variance is sought where such alternative
location would eliminate the need for the requested variance or reduce
the extent of the condition(s) necessitating the variance.
G.
The requested variance shall not permit the establishment within
a district any use which is not permitted within that zone district,
or any use for which a special land use permit is required.
A.
Application. The following materials shall be filed with the Zoning
Administrator at least 30 days in advance of the next regular meeting
of the Zoning Board of Appeals:
(1)
A completed application form signed by the applicant or his/her
agent. Applicants other than the owner of the property must submit
evidence that the owner of the property is aware and approves of the
application.
(2)
Payment of a fee which shall be established by resolution of
the Village Council, and which shall be nonrefundable.
(3)
A legal description of the property involved in the request.
(4)
An application or appeal shall be filed not later than 30 days
after the order, decision or determination as to which the application
or appeal is taken.
(5)
A site plan, drawn to scale, sufficient to show the nature and
extent of the requested variance.
B.
After an application for an appeal, a variance, or other authorized
relief is complete, has been filed in proper form, and the application
fee has been paid, the Zoning Administrator shall transmit to the
Zoning Board of Appeals all of the application materials and other
evidence relevant to the application.
C.
The Zoning Administrator shall schedule the application for a public meeting within a reasonable time. Notice of hearing shall be given in accordance with § 390-151 of this chapter.
D.
Applicants shall be required to appear before the Board or be represented
by a representative who can speak for and make commitments on behalf
of the applicant.
E.
The concurring vote of a majority of the full membership of the Zoning
Board of Appeals shall be necessary to reverse an order, requirement,
decision, or determination of an administrative official or body,
or to decide in favor of the applicant a matter upon which the Zoning
Board of Appeals is required to pass under a provision of this chapter,
or to grant a variance from the requirements of this chapter.
In granting a variance or in making any decision referred to
it by this chapter, the Zoning Board of Appeals may impose and attach
such conditions upon an affirmative decision in conformance with the
provisions of the Zoning Enabling Act[1] as it shall determine are necessary and/or appropriate.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
The Zoning Board of Appeals shall prepare an official record
for all appeals and shall base its decision on this record. The official
record shall include the following:
A.
The relevant administrative records and orders issued relating to
the appeal.
B.
The notice of the appeal.
C.
Such documents, exhibits, photographs, or written reports as may
be submitted to the Zoning Board of Appeals for its consideration.
D.
The written decision of the Zoning Board of Appeals stating the conclusions
of the Board relative to the appeal, variance, or interpretation,
the basis for the decision, and any conditions imposed.
A.
The decision and orders of the Zoning Board of Appeals shall be entered
in the official record after they have been signed by the Chairman
and after written notice of the decision has been served either in
person or by mail, upon the parties to the appeal, the Village Zoning
Administrator, and the Village Clerk. The Chairman shall sign the
decision within 10 days after the Zoning Board of Appeals reaches
its final decision.
B.
The decision and orders of the Zoning Board of Appeals shall become
effective five days after the decision and orders are entered on the
official record unless the Board shall find immediate effect is necessary
to preserve property or personal rights and shall so certify on the
record.
C.
A copy of the official record of the appeal shall be made available
to the parties to any appeal upon request and after payment of a reasonable
fee, as set by the Village Council, sufficient to recover the costs
of duplicating such material.
D.
If the Zoning Board of Appeals grants a variance to the appellant,
such variance shall be exercised (construction commenced and actively
continued) within six months from the date of such action, unless
more time is specifically granted by the Zoning Board of Appeals.
If the variance is not exercised within six months or any other time
frame established by the Zoning Board of Appeals, the variance will
be lost unless the failure to exercise is because of an appeal filed
with a court of competent jurisdiction, in which case the variance
must be exercised within six months of the conclusion of the appeal
and any subsequent appeals.
An appeal to the Zoning Board of Appeals shall stay all proceedings
in furtherance of the action appealed from, unless the Zoning Administrator
certifies to the Zoning Board of Appeals after notice of appeal shall
have been filed that by reason of facts stated in the certificate
a stay would, in the Zoning Administrator's opinion, cause imminent
peril to life or property. In such case proceedings shall not be stayed
otherwise than by a restraining order which may, on due cause shown,
be granted by the Zoning Board of Appeals or by the Circuit Court
on application, after notice to the Zoning Administrator.
The decision of the Zoning Board of Appeals shall be final,
provided that the Board may, in its sole discretion, grant a rehearing.
In such case, notice of the rehearing shall be given in accordance
with the Zoning Enabling Act. Any person having an interest affected
by a final decision on the appeal shall have the right of appeal to
the Circuit Court as provided by the Zoning Enabling Act.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
