There is hereby created a Zoning Board of Appeals, the membership,
powers and duties of which are prescribed in this article.
The Zoning Board of Appeals shall have all jurisdiction and
powers granted by the Michigan Zoning Enabling Act, 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.
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.
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 as it shall determine are necessary and/or appropriate.
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.
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.