[Amended 5-19-2021 by Ord. No. 385]
A.
A Zoning Board of Appeals (ZBA) is hereby created
to carry out the responsibilities and exercise the authority provided
in this chapter and in Act 110 of the Public Acts of 2006, as amended.
The ZBA shall carry out its duties so that the objectives and spirit
of this chapter shall be observed, public safety secured, and substantial
justice done.
B.
The Village Council shall serve as the ZBA pursuant
to MCL § 125.3601(2). The term of a ZBA member shall be
limited to the time he or she is a member of the Village Council pursuant
to MCL § 125.3601(10).
C.
A vacancy on the Zoning Board of Appeals shall be
filled for the remainder of the unexpired term in the same manner
as the original appointment pursuant to MCL § 125.3601(11).
D.
The Village Council may appoint two alternate members
for the same term as regular members of the ZBA. An alternate member
may be called to serve as a regular member of the ZBA in the absence
of a regular member if a regular member will be unable to attend one
or more meetings of the ZBA. 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
appointed 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 ZBA.
E.
A member of the ZBA may be removed by the legislative
body for misfeasance, malfeasance or nonfeasance in office upon written
charges and after public hearing. A member shall disqualify himself
or herself from a vote in which the member has a conflict of interest.
Failure of a member to disqualify himself or herself from a vote in
which the member has a conflict of interest constitutes malfeasance
in office.
F.
The compensation, if any, paid to ZBA members for
discharge of their duties shall be established by the Village Council.
A failure of action on the part of the Village Council in any year
shall be effective action to reestablish the same compensation from
the prior year. The compensation shall be in the form of a reasonable
per diem and reimbursement for expenses actually incurred in the discharging
of duties pursuant to MCL § 125.3601(8).
G.
A member
of the ZBA who is also a member of the Village Council shall not participate
in a public hearing on or vote on the same matter that the member
voted on as a member of the Village Council pursuant to MCL § 125.3601(13).
However, the member may consider and vote on other unrelated matters
involving the same property.
[Amended 5-19-2021 by Ord. No. 385]
A.
The Village President shall serve as the ZBA Chairperson.
The ZBA shall annually elect a Vice Chairperson and a Secretary, each
to serve for one year. Such election shall be held at the first regular
meeting of the ZBA following January 1 in each calendar year or at
the first regular meeting of the ZBA following departure of an existing
officer from the ZBA.
B.
The Chairperson shall preside at all meetings of the
ZBA. In the absence of the Chairperson, the Vice Chairperson shall
preside. The presiding officer, subject to these rules, shall decide
all points of order or procedure generally following Robert's Rules
of Order. The Chairperson or, in his or her absence, the Acting Chairperson
may administer oaths.
A.
In general. The ZBA shall have authority to act on
those matters where this chapter provides for administrative review,
appeal or interpretation and shall have authority to authorize a variance
as defined in this chapter and the law of the State of Michigan. The
ZBA shall not have the authority to alter or change zoning district
classifications of any property nor to make any change in the text
of this chapter.
B.
Administrative review. The ZBA shall have authority
to hear and decide appeals where it is alleged that there is an error
in an order, requirement, permit, decision or refusal made by an official,
board or commission in carrying out or enforcing any provisions of
this chapter. In hearing and deciding appeals under this subsection,
ZBA review shall be based upon the record of the administrative decision
being appealed, and the ZBA shall not consider new information which
has not been presented to the administrative official, board or commission
from whom the appeal is taken. The ZBA shall not substitute its judgment
for that of the administrative official, board or commission being
appealed, and the appeal shall be limited to determining, based upon
the record, whether the administrative official, board or commission
breached a duty or discretion in this chapter.
C.
Interpretation. The ZBA shall have authority to hear
and decided requests for interpretation of the Zoning Ordinance, including
the Zoning Map. The ZBA shall make such decision so that the spirit
and intent of this chapter shall be observed. Text interpretations
shall be limited to the issues presented and shall be based upon a
reading of the ordinance as a whole, and shall not have the effect
of amending the ordinance. Map interpretations shall be made based
upon rules in the ordinance and any relevant historical information.
In carrying out its authority to interpret the ordinance, the ZBA
shall consider reasonable and/or practical interpretations which have
been consistently applied in the administration of the ordinance.
Prior to deciding a request for an interpretation, the ZBA may confer
with staff and/or consultants to determine the basic purpose of the
provision subject to interpretation and any consequences which may
result from differing decisions. A decision providing an interpretation
may be accompanied by a recommendation for consideration of an amendment
of the ordinance.
D.
Variances. The ZBA shall have authority in specific
cases to authorize one or more variances from the strict letter and
terms of this chapter by varying or modifying any of its rules or
provisions so that the spirit of this chapter is observed, public
safety secured, and substantial justice done. Such authority shall
be exercised in accordance with the following standards:
(1)
The ZBA may grant a requested "non-use" variance
only upon a finding that practical difficulties exist. A finding of
practical difficulties shall require demonstration by the applicant
of all of the following:
(a)
Strict compliance with restrictions governing
area, setback, frontage, height, bulk, density, off-street parking
or other non-use matters will unreasonably prevent the owner from
using the property for a permitted purpose or will render chapter
conformity unnecessarily burdensome.
(b)
The variance will do substantial justice to
the applicant, as well as to other property owners.
(c)
A lesser variance than requested will not give
substantial relief to the applicant and/or be consistent with justice
to other property owners.
(d)
The need for the variance is due to unique circumstances
peculiar to the property and not generally applicable in the area
or to other properties in the same zoning district.
(e)
The problem and resulting need for the variance
has not been self-created by the applicant.
(2)
In all variance proceedings, it shall be the
responsibility of the applicant to provide information, plans, testimony
and evidence from which the ZBA may make the required findings. Administrative
officials and other persons may, but shall not be required to, provide
information, testimony and evidence on a variance request. The fact
that a Village representative does not appear and/or present information,
testimony and/or evidence on a particular variance request shall not
be considered or construed as being a waiver of the right to make
such a presentation at a later date or an acknowledgment that the
information, testimony and/or evidence does not exist and shall not
be evidence, in and of itself, that a variance should be granted.
(3)
The following are specified as appropriate considerations
by the ZBA in hearing and deciding variance requests, provided that
this list shall in no respect constitute a limitation upon the considerations
which may be made by the ZBA:
(a)
Other lands, structures, buildings, lots and
uses in the same district and in the general vicinity of the property
in question.
(b)
Whether granting the variance will confer special
privileges on the applicant that have been denied by the chapter and/or
ZBA in other cases.
(c)
Whether the requested variance is the minimum
necessary to authorize reasonable use of the property in relation
to the surrounding area.
(d)
Reasonable and available alternatives, which,
although not requested by the applicant, would minimize or eliminate
the need for variance relief.
(e)
The provisions of this chapter from which a
variance is requested, including the purpose and intent of such provisions
within the context of the chapter as a whole.
(f)
The imposition of appropriate and authorized
conditions.
(g)
The existence of nonconforming structures, uses
of land, or the combination of structures and uses shall not be used
as a basis or rational for granting a variance.
E.
Conditions.
(1)
The ZBA may impose reasonable conditions in
connection with an affirmative decision on an appeal, interpretation
or variance request. The conditions may include requirements necessary
to ensure adequacy of public services and facilities affected by a
proposed use or activity, to protect the natural environment and conserve
natural resources and energy, to ensure compatibility with adjacent
uses of land, and to promote the use of land in a socially and economically
desirable manner. Conditions imposed shall meet the following requirements:
(a)
Be designed to protect natural resources, the
health, safety and welfare and the social and economic well-being
of those who will use the land use or activity under consideration,
residents and landowners immediately adjacent to the proposed land
use or activity, and the community as a whole.
(b)
Be related to the valid exercise of the police
power and purposes which are affected by the proposed use or activity.
(c)
Be necessary to meet the intent and purpose
of the Zoning Ordinance, be related to the standards established in
the ordinance for the land use or activity under consideration, and
be necessary to ensure compliance with those standards.
(2)
Conditions imposed with respect to the approval
of a variance shall be recorded as part of the ZBA minutes and shall
remain unchanged except upon the mutual consent of the ZBA and the
landowner following notice and hearing as required for a new case
or application. Moreover, to ensure adequate notice of a decision
and any conditions, the ZBA may require as a condition to the effectiveness
of relief granted that the property owner record with County Register
of Deeds, in a form acceptable to the ZBA, an affidavit detailing
the relief granted and conditions imposed.
A.
All applications to the ZBA shall be filed with the
Village Clerk, on forms provided by the Village, and shall be accompanied
by the applicable fee established by resolution of the Village Council.
Applications shall include all plans, studies and other information
and data to be relied upon by the applicant.
B.
The plan which shall accompany all variance requests
shall be based on a mortgage survey or land survey prepared by a registered
land surveyor. The plan shall be to scale and shall include all property
lines and dimensions, setbacks and all existing and proposed structures.
The Zoning Board of Appeals has the authority to require a land survey
prepared by a registered land surveyor when the ZBA determines it
to be necessary to ensure accuracy of the plan.
C.
The ZBA shall have no obligation to consider and/or
grant a request for relief unless and until a conforming and complete
application has been filed, including relevant plans, studies and
other information.
D.
As a condition to invoking the jurisdiction of the ZBA, an appeal under § 515-189B shall be taken by the applicant within 30 days of the date of the order, refusal, requirement or determination from which the appeal is being taken. In a case involving an appeal from an action of an administrative official, the administrative official, upon notice from the ZBA, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken.
E.
Applications to the ZBA shall be made with full knowledge
and written consent of all owners of the property in question. This
requirement shall include the consent of a land contract seller to
the relief sought by a land contract purchaser.
F.
The Village Clerk, or designate, shall provide public
notice of a ZBA public hearing in accordance with the public hearing
publication and notification procedures required for a rezoning or
special land use approval request. Other persons may be notified,
at the discretion of the ZBA. Where the case does not relate to a
specific site, notification shall be made in the newspaper only.
G.
An appeal shall have the effect of staying all proceedings
in furtherance of the action being appealed unless the officer or
entity from whom the appeal is taken certifies to the ZBA that, by
reason of facts stated in such certification, a stay would in his
or her opinion cause imminent peril to life or property, in which
case proceedings shall not be stayed unless specifically determined
by the ZBA or by a court of competent jurisdiction.
A.
The ZBA shall conduct regular meetings as scheduled
each year or at the call of the Chairperson. The Chairperson shall
set the time and date for meetings, not to exceed 45 days from the
date of application of a specific case. The ZBA shall also conduct
such special meetings as shall be called by the Chairperson and/or
by a majority of the ZBA members. All meetings of the ZBA shall be
conducted in accordance with Act 267 of the Public Acts of 1976, as
amended, the Open Meetings Act.
B.
Applicants shall appear at the hearing, either personally
or by designated representative, whose identity and authority shall
be confirmed by the applicant in writing. Nothing in this subsection
shall relieve the applicant from providing competent testimony or
evidence in support of the relief requested, including responses to
questions or requests by the ZBA regarding the applicant's position
on a relevant issue and/or possible conditions on a favorable decision.
The ZBA may conduct the required hearing and reach a decision on all
applications without the applicant being present if the applicant
does not request a continuance in writing prior to the hearing.
C.
The ZBA shall make no decision except in a specific
case and after the required hearing.
D.
Three members of the ZBA shall constitute a quorum,
without which the ZBA shall not conduct business. The concurring vote
of a majority of the membership of the ZBA shall be necessary to reverse
any order, requirement, decision or determination of an administrative
official, board or commission made in the administration of this chapter
or to decide in favor of an applicant on any matter upon which the
ZBA is required to pass under this chapter or to grant a variance
from the terms of this chapter.
E.
The Secretary of the ZBA shall prepare minutes of
the ZBA proceedings, showing the findings, decisions, conditions,
if any, and votes of each member in each case, including a member's
absence or failure to vote. The minutes shall be within the ultimate
authority and shall be the responsibility of the Secretary of the
ZBA and shall be subject to approval of the ZBA. To the extent that
a written decision in a case is requested or required, the minutes,
along with the plan submitted, shall serve as the written decision,
even if the minutes are awaiting final ZBA approval.
F.
The official records of the ZBA proceedings shall
be filed in the Village Clerk's office and shall be public records.
A.
The ZBA may reverse, affirm, vary or modify any order,
requirement, decision or determination presented in a case within
the ZBA's jurisdiction and, to that end, shall have all of the powers
of the officer, board or commission from whom the appeal is taken,
subject to the ZBA's scope of review, as specified in this chapter
and by law. The ZBA may remand a case for further proceedings and
decisions, with or without instructions.
B.
A decision by the ZBA shall be considered final as
of the meeting at which the decision has been made, and the date of
such meeting shall be deemed to be the date of notice of the decision
to the applicant. To the extent that decisions are requested or required
to be in writing, the minutes of the ZBA meeting and decision, as
prepared by the Secretary, shall constitute the written decision.
C.
Any decision of the ZBA favorable to the applicant
shall remain valid only as long as the information and data relating
to such decisions are found to be correct and the conditions upon
which the decision was based are maintained.
D.
The relief granted by the ZBA shall be valid for a
period not longer than one year, unless otherwise specified by the
ZBA, and within such period of effectiveness actual on-site improvement
of property in accordance with the approved plan and the relief granted
under a valid building permit must be commenced or the grant of relief
shall be deemed void. Relief granted by the ZBA shall not constitute
approval of the use or activity where any other zoning compliance,
building permit, or other review or permit is required.
E.
Appeals of a ZBA decision shall be taken in the manner
provided by law.
