This article specifies the authority of and established standards applicable to the powers and duties of the zoning board of appeals (ZBA).

(Ord. No. 2005-11, 11-21-05)

The city commission shall appoint a zoning board of appeals (hereinafter referred to as "the board"), which board shall have the powers and duties prescribed by law and by this chapter.

(Ord. No. 2005-11, 11-21-05)

(a)

The zoning board of appeals shall consist of five members, each to be appointed for a term of three years, provided that the members of the zoning board of appeals as existing on the date of this amendment shall continue to serve as members of the zoning board of appeals as currently established until such time as there is a reduction in membership by the expiration of a term, resignation, or as otherwise provided by law. Appointments shall be staggered so that as nearly as possible to provide for the appointment of an equal number of members each year.

(b)

The zoning board of appeals shall also consist of two alternate members for the same term as the regular members of the zoning board of appeals. The alternate members may be called on a rotating basis to sit as regular members of the zoning board of appeals in the absence of a regular member, 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 zoning board of appeals. The term of the alternate members shall begin at such time as there is a reduction in membership to five members. Future terms of the alternate members shall continue on the same schedule as that of the member so removed.

(c)

All meetings, transactions and records of the action of the zoning board of appeals shall be open to the public. The zoning board of appeals shall adapt rules and regulations for the transaction of business.

(Ord. No. 2005-11, 11-21-05)

(a)

General authority. The ZBA shall have the authority to act on those matters specified by this article.

(b)

Administrative appeals. 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. Such appeal shall be requested by the applicant within 30 days of the date of the order, refusal, requirement, or determination being appealed.

(c)

Interpretation. The ZBA shall have authority to hear and decide requests for interpretation of this chapter and zoning map. The ZBA shall make such decisions so that the spirit and intent of this chapter is 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 city staff 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 to grant variances from the provisions of this chapter by modifying any of it rules or provisions so that the spirit of this chapter is observed, public safety is secured, and substantial justice done.

The ZBA is authorized to grant two types of variances. A dimensional or nonuse variance allows a deviation from the dimensional (i.e., height, bulk, setback) regulations of the ordinance. A use variance authorizes the establishment of a use of land that is otherwise not permitted in a zoning district. Such authority shall be exercised in accordance with the following standards:

(1)

Nonuse or dimensional variances. The ZBA may grant a nonuse or dimensional variance only upon a finding of practical difficulty. A finding of practical difficulty requires demonstration by the applicant of all of the following:

a.

Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other nonuse matters, will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with this chapter unnecessarily burdensome.

b.

The variance will do substantial justice to the applicant, as well as to other property owners.

c.

A lesser variance than that requested will not give substantial relief to the applicant.

d.

The need for the variance is due to unique circumstances peculiar to the property (such as odd shape, extreme narrowness, etc.) and not due to general neighborhood conditions to other properties in the same zoning district.

e.

The problem and resulting need for the variance has not been self-created.

(2)

Use variances. The ZBA may grant a use variance upon a finding of unnecessary hardship. A finding of unnecessary hardship requires demonstration by the applicant of all of the following:

a.

The property subject to the request cannot be used for any of the uses permitted in the zoning district in which it is located.

b.

The need for the variance is due to unique circumstances peculiar to the property (such as odd shape, extreme narrowness, etc.) and not due to general neighborhood conditions applicable to other properties in the same zoning district.

c.

The proposed use would not alter the essential character of the neighborhood or area.

d.

The problem and resulting need for the variance has not been self-created.

(e)

Conditions. The ZBA may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. Any condition imposed shall be in accordance with the regulations of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 40, 12-15-08)

(a)

Application. Applications to the ZBA shall be filed with the planning department.

(b)

Plot plan. A plot plan shall be required with all variance requests. The plot plan shall be based on a mortgage survey, land survey, or other scaled drawing. The plan shall be to scale and shall include all property lines and dimensions, setbacks, all existing and proposed structures and building elevations. Where an applicant seeks a variance in conjunction with a site plan review, planning department staff shall have the discretion to require submission of a site plan prepared in accordance with article XV.

(c)

Applications involving an appeal of administrative order. In a case involving an appeal from an action of an administrative official or entity, the administrative official, or the clerk or secretary of the administrative entity, as the case may be, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken, together with a letter specifying an explanation of the action taken.

(d)

Consent of property owner required. Applications for a variance shall be made with the full knowledge and written consent of all owners of the property in question.

(e)

Notice. The city shall give notice of the appeal to the persons to whom real property within 300 feet of the property in question is assessed, and to the occupants of single- and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If a tenant's name is not known, the term "occupant" may be used. Upon the hearing, a party may appear in person or by agent or by attorney.

(f)

Stay of proceedings. 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 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.

(g)

Decision by the zoning board of appeals. 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, 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. The concurring vote of two-thirds of the members of the board shall be necessary to decide in favor of the applicant for a variance from uses of land permitted in this chapter. The ZBA shall decide appeals within a reasonable period of time.

(Ord. No. 2005-11, 11-21-05)

(a)

ZBA powers. 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 article.

(b)

Decision final. A decision by the ZBA shall be considered final. To the extent that decisions are requested or required to be in writing, the minutes of the ZBA meeting, and decision, as approved under supervision of the secretary, shall constitute the written decision.

(c)

Period of validity.

(1)

No order of the ZBA permitting the erection or alteration of a building shall be valid for a period longer than 12 months, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(2)

No order of the ZBA permitting a use of a building or land shall be valid for a period longer than 12 months unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(d)

Appeal of a ZBA decision. Appeals of a ZBA decision shall be taken to the circuit court in the manner provided by law.

(e)

Reapplication for variance. If the ZBA denies a request for a variance, the decision of the ZBA shall not be subject to reconsideration for a period of six months from the date of the decision. The ZBA may waive the six month by unanimous vote.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 41, 12-15-08)