§ 152.442. POWERS AND DUTIES.

The Zoning Board of Appeals, in addition to the general powers and duties conferred upon it by Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, in specific cases and subject to appropriate conditions and safeguards, shall have the following duties:

(A) Appeals. The Zoning Board of Appeals shall hear and decide questions that arise in the administration of the Zoning Ordinance. The Zoning Board of Appeals shall hear and decide appeals from and review any administrative order, requirement, decision or determination made by the Zoning Administrator or other official or body duly charged with the enforcement of the Zoning Ordinance. This shall include appeals of decisions related to a site plan or special land use, but excluding for a residential open space development, condominium project, or other planned development.

(B) Variances. The Zoning Board of Appeals shall hear and decide requests for variances from the requirements of this chapter where there is practical difficulty or unnecessary hardship imposed on the applicant in carrying out the strict letter of this chapter, in accordance with § 152.444. The Zoning Board of Appeals may grant non-use variances relating to the construction, structural changes or alteration of buildings or structures related to dimensional requirements of the Zoning Ordinance or to any other non-use-related standard in the Zoning Ordinance. The Zoning Board of Appeals may grant variances from uses of land subject to a vote of two-thirds of the members of the Zoning Board of Appeals to approve a use variance.

(C) Interpretation and other duties. The Zoning Board of Appeals shall also have the power to act on any other matters where this chapter provides for administrative review, interpretation, variance or exception, including the following.

(1) Land uses. Interpretation of permitted uses and special land uses in a zoning district, to determine if a specific use is included within a more general land use category. In making this determination, the Zoning Board of Appeals shall consider the following:

(a) The similarity and compatibility of the use in question to those uses listed in the zoning district;

(b) The conformance of the use in question to the stated goals of the district, the larger Zoning Ordinance and the Village Master Plan; and

(c) Whether or not the use in question is specifically listed in any other zoning district.

(2) Zoning map. The Zoning Board of Appeals shall hear and decide questions regarding the interpretation of the village zoning map.

(3) Records. The Zoning Board of Appeals shall keep a record of all decisions interpreting this chapter, including zoning map and land use interpretations listed above. The Zoning Ordinance shall be amended to incorporate these decisions as appropriate.

(D) Limitations. The Zoning Board of Appeals, notwithstanding any terms herein to the contrary, shall not have the power to change the zoning district classification of any property, to review a proposed zoning or re-zoning of any property, review decisions related to approval or denial of a for a residential open space development, condominium project, or other planned development, to make any change in the terms or intent of this chapter, prohibit a use that is permitted in this chapter or determine the validity of this chapter. The ZBA shall not have the power to reverse or modify the Village Council decision to approve or deny a for a residential open space development, condominium project, or other planned development; to grant variances to any a for a residential open space development, condominium project, or other planned development standards or as to any conditions established by the Village Council in its approval for a residential open space development, condominium project, or other planned development; or any conditional re-zoning under § 152.262(N).

(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009; Ord. 139, passed 9-11-2017)