§ 152.443. PROCEDURES.

(A) Application. Any request for action by the Zoning Board of Appeals shall be submitted in writing to the Zoning Administrator on a standard village form. The applications shall be accompanied by the necessary review fee and all relevant plans, studies and other information, which shall be made a part of the public record.

(B) Appeals. An appeal may be taken by a person aggrieved, or by an officer, department, board or bureau of the village.

(1) An appeal of a determination by the Zoning Administrator or other duly authorized enforcing agent or body shall be made within 30 days of the date of permit approval or denial.

(2) The Zoning Administrator shall transmit to the Zoning Board of Appeals all documents, or direct copies thereof, constituting the record from which the appealed action was taken.

(3) An appeal stays all proceedings, and thereupon all changes in the status quo of the property concerned shall constitute a violation of this chapter; except that the Zoning Administrator may certify to the Zoning Board of Appeals, after the notice of the appeal has been filed, that for reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. If such a certification is filed, the proceedings shall only be stayed by a restraining order, which may be granted by the Zoning Board of Appeals or on application to the Circuit Court when due cause can be shown.

(4) If an appeal or variance request to the Zoning Board of Appeals involves a lot, structure or a use for which site plan approval is required by this Code, the applicant or appellant shall first apply for preliminary site plan approval as set forth in § 152.389 herein. The Planning Commission shall review the site plan and shall determine the layout and other features required to obtain approval of the site plan. The Planning Commission shall then transmit a copy of the site plan and the Commission's findings thereon to the Zoning Board of Appeals. The Board shall, upon deciding on the appeal or variance request, return the plan and its decision to the Planning Commission for Commission action on the site plan.

(C) Meetings. All meetings of the Zoning Board of Appeals shall be open to the public and shall fully comply with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended. Meetings shall be held at the call of the Chairperson and at the other times as the Zoning Board of Appeals shall specify in its rules and procedures. The Zoning Board of Appeals shall not conduct business unless a majority of the Zoning Board of Appeals is present. The business of the Zoning Board of Appeals shall be conducted in accordance with its adopted by-laws. The Village Attorney shall act as legal counsel for the Zoning Board of Appeals and shall be present at all meetings upon request of the Zoning Board of Appeals.

(D) Public notice. The Zoning Board of Appeals shall fix a reasonable time for a public hearing of an appeal or variance and shall notify the applicant of the time and place of the hearing. Notice of the public hearing shall be given in accordance with the provisions of § 152.022. Upon the hearing, a party may appear in person, by agent or by attorney.

(E) Minutes. Minutes of all proceedings shall be recorded, which shall be filed in the office of the Clerk of the Village Council. The minutes shall contain evidence and data relevant to each case considered, together with the separate votes of the members and the final disposition of each case.

(F) Action. A concurring vote of the majority of the Zoning Board of Appeals shall be necessary to reverse an order, requirement, decision or determination of the Zoning Administrator or other administrative official or body, to decide in favor of an applicant on any matter upon which the Zoning Board of Appeals is required to pass under this chapter, or to grant a variance from the Zoning Ordinance, except a concurring vote of two-thirds of the Zoning Board of Appeals shall be required to grant a use variance as provided for under § 152.444. A member of the Village Council who is also a member of the Planning Commission shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission or Village Council. However, the member may consider and vote on other unrelated matters involving the same property, including any variance requests which are solely within the Zoning Board of Appeals jurisdiction.

(G) Decision. The Zoning Board of Appeals shall return a decision upon each case within 60 days of application, unless additional time is agreed to by the applicant.

(1) The Zoning Board of Appeals may impose reasonable conditions upon an affirmative decision. The conditions may include those necessary to prevent negative impacts on public infrastructure, natural resources, adjacent properties, social and economic well-being and public health, safety and welfare.

(2) A decision of the Zoning Board of Appeals shall not become final until ten days from the date of the decision. Any appeal from a decision of the Zoning Board of Appeals to the circuit court shall be filed within 30 days after the Zoning Board of Appeals issues its decision in writing signed by the Chairperson, or within 21 days after the Zoning Board of Appeals approves the minutes of its decision.

(3) If no decision is made regarding an appeal at the advertised public hearing, disposition of the case must be set to a certain date at that time, and this date must be clearly stated in the meeting minutes. If no certain date is set and duly noted in the public record, notice of the next meeting at which the case will be considered shall be provided as required under division (D) above.

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