A.

Continuation of present board of zoning appeals. The board of zoning appeals existing at the time of adoption of this ordinance shall perform its duties and exercise its powers as provided in the Zoning Act.

B.

Composition and terms.

1.

The board of zoning appeals shall consist of five (5) members appointed by the city council.

2.

Members are appointed for a three (3) year term.

3.

One member of the board of zoning appeals shall be a member of the planning commission.

4.

One member of the board of zoning appeals may be a member of the city council, but shall not serve as chairperson of the board of zoning appeals.

C.

Alternate members. Up to two (2) alternate members may be appointed by the city council for three (3) year terms. If two (2) alternate members have been appointed, they may be called on a rotating basis, as they are available to sit as regular members of the board of zoning appeals in the absence of a regular member if the regular member will be unable to attend one (1) or more meetings. 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 board of zoning appeals. An alternate member shall only serve to discuss or vote upon a case in the absence of a regular member or upon the conflict of interest of a regular member.

D.

Vacancies. Any vacancies in the board of zoning appeals shall be filled by appointment by the council.

E.

Officers. The board of zoning appeals shall annually elect its own chairman, vice chairman and secretary.

(Ord. No. 498, 2-6-07)

A.

Meetings. All meetings of the board of zoning appeals shall be held at the call of the chairman and at such times as such board of zoning appeals may determine. All hearings conducted by the board of zoning appeals shall be open to the public. The city zoning administrator or his representatives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Three (3) members of the board of zoning appeals shall constitute a quorum for the conduct of its business, except that four (4) members shall be required to hear any request for a use variance. The board of zoning appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

B.

Hearings. The board of zoning appeals shall make no decision regarding a variance except after a public hearing is conducted by the board of zoning appeals. Notification of hearings shall be in accordance with the requirements of the Zoning Act.

(Ord. No. 498, 2-6-07)

The board of zoning appeals shall not have the power to make any change in the terms of this ordinance, but does have power to act on those matters where this ordinance provides for an administrative review, interpretation, and to authorize a variance as defined in this section and the laws of the State of Michigan. The board of zoning appeals shall not have the authority to hear appeals from a decision made in respect to any special land use, planned unit development, or rezoning. the powers of the board of zoning appeals include:

A.

Hearing of appeals. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the zoning administrator or any other administrative official in carrying out or enforcing any provisions of this ordinance.

B.

Granting of variances. A variance from the specific requirements of this ordinance may be granted by the board of zoning appeals in accordance with the requirements and procedures of this chapter.

C.

Zoning ordinance interpretation. The board of zoning appeals may interpret the provisions of this ordinance to carry out the intent and purposes of the zoning ordinance where the meaning of the provisions is uncertain.

D.

Granting of temporary uses and buildings.

1.

The board of zoning appeals may permit, upon proper application, temporary uses or buildings not otherwise permitted in the district, not to exceed twelve (12) months and to provide up to a twelve (12) month extension when appropriate.

2.

The board of zoning appeals, in granting permits for temporary uses and buildings, shall do so under the following conditions:

a.

The granting of the temporary use or building shall in no way constitute a change in the basic uses permitted in the district nor on the property where the temporary use or building is permitted.

b.

The granting of the temporary use or building shall be issued in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit.

c.

All setbacks, land coverage, off-street parking, lighting and other requirements shall be made at the discretion of the board of zoning appeals.

d.

The use or building shall be in harmony with the general character of the district.

e.

No temporary permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as provided for in this ordinance.

f.

Prior to granting a temporary permit the board may seek the review and recommendation of the planning commission.

(Ord. No. 459, pt. 27, 4-17-01; Ord. No. 498, 2-6-07)

A.

Procedure. An appeal may be taken by a person aggrieved, or by an officer, department, or board of the city. Such appeal shall be taken within thirty (30) days, as prescribed by the rules of the board of zoning appeals, by the filing with the officer or body from whom the appeal is taken and with the board of zoning appeals of a notice of appeal specifying the grounds for the appeal.

B.

Filing. The party from whom the appeal is taken shall immediately transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed was taken. These papers shall include a completed application form and site plan, including the following:

1.

Project information, including:

a.

The applicant's name;

b.

Name of the development;

c.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan;

d.

Date of preparation and any revisions;

e.

North arrow;

f.

Complete and current legal description and size of property in acres;

g.

Small scale location sketch of sufficient size and scale.

2.

Existing features:

a.

Property lines and dimensions;

b.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site;

c.

Lot lines and all structures on the property and within one hundred (100) feet of the site's property lines;

d.

Locations of significant natural features;

e.

Location of any access points on both sides of the street within one hundred (100) feet of the site along streets where access to the site is proposed;

f.

Existing topography at a minimum of five (5) foot contours.

3.

Proposed construction:

a.

Building footprints, setbacks, floor plans and elevations showing height and materials for all proposed structures, including any residential units, with the acreage allotted to each use;

b.

Size, height, type and location of proposed identification signs;

c.

Proposed locations of utility services (with sizes), including storm drainage, retention or detention ponds, fire hydrants, and any public or private easements;

d.

Runoff calculations used for determination of storm water management;

e.

Proposed topography with a site grading plan with topography at a minimum of two (2) foot contour intervals;

f.

Location and method of screening for all waste dumpsters;

g.

Location and dimensions of parking spaces, and calculations;

h.

A landscape plan indicating proposed plant locations with common plant name, number, and size at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade;

i.

Details of exterior lighting including locations, height, method of shielding;

j.

Details of site circulation and access design, including:

(1)

Indication of street right-of-way and pavement widths and pavement type;

(2)

Street horizontal and vertical dimensions, including curve radii;

(3)

Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersecting streets, including those across a street, boulevard dimensions, etc.;

(4)

Identification of width and material to be used for pedestrian paths;

(5)

Names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian/bicycle paths;

(6)

Written verification of access easements or agreements, if applicable;

k.

If a phased development is proposed, identification of the areas included in each phase. For residential uses identify the number, type, and density of proposed housing units within each phase;

l.

A completed application form, supplied by the zoning administrator, and an application fee.

C.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the officer or body from whom the appeal is taken certifies to the board of zoning appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the opinion of the officer or body, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order. This restraining order may be granted by the board of zoning appeals or circuit court on application or notice to the officer or body from whom the appeal is taken and due cause shown.

D.

Decisions.

1.

The concurring vote of a majority of the membership of the board shall be required to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the board is required to pass, or to effect a variation in the ordinance; except that a concurring vote of two-thirds ( 2/3 ) of the membership shall be necessary to grant a use variance.

2.

The board of zoning appeals shall render its decision upon any appeal or application submitted to it within sixty (60) days after the hearing thereon, and in any event, within ninety (90) days after the date of filing of the appeal or application.

3.

All decisions of the board of zoning appeals shall become final five (5) days after the date of entry of an order, unless the board shall find, and so certify on the record, that it is necessary to cause such order to have immediate effect, in order to preserve property or personal rights.

E.

Record of actions. For each decision of the board of zoning appeals, a record shall be prepared. Such record shall include, at a minimum, the following items:

1.

Description of the applicant's request;

2.

The zoning board of appeal's motion and vote;

3.

A summary or transcription of all relevant material and evidence presented at hearing; and

4.

Any conditions attached to an affirmative decision.

F.

Appeals to circuit court. The decision of the board of zoning appeals shall be final. However, a person having an interest affected by the decision of the board of zoning appeals may appeal to the circuit court. Upon appeal, the circuit court shall review the record in accordance with the requirements of the Zoning Act. The court may affirm, reverse, or modify the decision of the board of zoning appeals, or may remand the decision to the board of zoning appeals for further hearings or action.

G.

Resubmission. No variance request which has been decided by the board of zoning appeals shall be submitted for reconsideration within a one (1) year period from the date of the original application unless the board finds that at least one of the following conditions exist:

1.

That the conditions involving all of the reasons for the original denial have been significantly altered.

2.

That new conditions or circumstances exist which change the nature of the original request.

(Ord. No. 498, 2-6-07)

A.

The board of zoning appeals may impose reasonable conditions in conjunction with approval of an appeal, variance, or any other decision which they are required to make.

B.

Conditions shall be imposed in a manner in accordance with the Zoning Act and related to the standards by which the decision is reached.

(Ord. No. 498, 2-6-07)

A.

Authority for variances. The board of zoning appeals, after public hearing, shall have the power to grant requests for variances from the provisions of this ordinance where it is proved by the applicant that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the ordinance relating to the construction, equipment, or alteration of buildings or structures so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done.

B.

Granting of non-use variances. A non-use variance may be allowed by the board of zoning appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and that all of the following conditions are met:

1.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district;

2.

That the condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations. Unique circumstances include: exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure or by reason of the use or development of the property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties;

3.

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance;

4.

The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood;

5.

The variance will not impair the intent and purpose of this ordinance;

6.

That the immediate practical difficulty causing the need for the variance request was not created by any action of the applicant.

C.

Granting of use variances.

1.

A use variance may be allowed by the board of zoning appeals only in cases where there is reasonable evidence of unnecessary hardship in the official record of the hearing that all of the following conditions are met:

a.

That the building, structure, or land cannot be reasonably used for any of the uses permitted by right or special approval in the zone district in which it is located;

b.

That the condition or situation of the specific piece of property or the intended use of such property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations. Unique circumstances include: exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure or by reason of the use or development of the property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would cause unnecessary hardship;

c.

That the proposed use will not alter the essential character of the neighborhood.

2.

Prior to board of zoning appeals hearing on a request for a use variance, the planning commission shall consider such request and forward a report to the board of zoning appeals. For this report the planning commission shall consider the master plan, the ability of the property owner to use the property for a use already permitted under the existing zoning classification, the effect of the request on the essential character of the neighborhood, and other such factors as the planning commission may deem relevant.

(Ord. No. 498, 2-6-07)

The city council may prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the board of zoning appeals. The fee shall be paid to the city treasurer at the time the application for the appeal or variance is filed.

(Ord. No. 498, 2-6-07)