In order that the objectives of the ordinance from which this article was derived may be fully and equitably achieved, that a means shall be provided for competent interpretation of the ordinance from which this article was derived, that adequate but controlled flexibility be provided in the application of the ordinance from which this article was derived, that the health, safety and welfare of the public is secured, and that justice be done, there is hereby established a zoning board of appeals.

(Ord. of 4-13-2010)

There is hereby established in and for the City of Boyne City a zoning board of appeals, which shall perform its duties and exercise its powers as provided in Article VI of the Michigan Zoning Enabling Act of 2006, P.A. 110 of 2006, as amended (MCLA 125.3101) in such a way that the objectives of this zoning code shall be observed, public safety secured and substantial justice done.

The city commission shall appoint a zoning board of appeals consisting of five members, one of whom may be from the city commission, one may be from the planning commission and a minimum of three at large. Appointments shall be made for three-year terms provided that the initial appointments are to be two members appointed for one-year terms, two members for two-year terms, and one member for a three-year term.

Members of the board of appeals may be removable by the city commission misfeasance, malfeasance, nonfeasance in office upon written charges and after public hearing.

The city commission may appoint, in accordance with Article VI, subsection 5 of the Michigan Zoning Enabling Act of 2006, P.A. 110 of 2006 as amended (MCLA 125.3101), not more than two alternate members for the same term as regular members of the board. An alternate member may 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 a 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.

(Ord. of 6-24-2008; Ord. of 4-13-2010)

The chairperson and vice-chairperson of the zoning board of appeals shall be elected by the members of the board at the May annual meeting. The city attorney or his or her representative shall act as legal counsel for the board and, subject to prior approval of the city commission, shall be present at meetings of the board upon request.

(Ord. of 4-13-2010)

A.

Hearings shall be public and minutes, including action taken by the members, shall be kept for public record by its designated secretary, and submitted to the city clerk for filing.

B.

A quorum will consist of a majority of the members.

C.

An affirmative vote of a majority of member shall be required to reverse any order, requirement, decision or determination of the city manager, an administrative official of the city, or the planning director except that a two-thirds majority of members shall be necessary to grant any variances from uses of land which may be permitted by the ordinance from which this article was derived.

D.

An appeal to the zoning board of appeals may be filed by a property owner. Said appeal, which shall specify the ground thereof, shall be made to the planning director who shall transmit said appeal to the zoning board of appeals.

E.

A public hearing shall be held for all applications, interpretations and/or appeals to the zoning board of appeals. Notice of public hearing of an appeal or application shall be given, stating time and place of said hearing, by insertion in a newspaper of general circulation in the City of Boyne City 15 days prior to said hearing date. In addition, all persons who own real property or are occupants of structures within 300 feet of the property affected shall be notified of the hearing by personal delivery or the mail. In the case of a structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals or businesses, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

F.

Records and minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of such case. The grounds of every determination shall be stated. Such minutes shall accompany and be attached to the standard forms required of persons appealing, as part of the zoning board of appeals' permanent records.

(Ord. of 4-13-2010)

The zoning board of appeals is a body of limited powers. The board shall have the specific powers and duties as set forth in this article, all jurisdiction and powers prescribed in other chapters of this zoning ordinance or the code of ordinances, and all jurisdiction and powers granted by Article VI of the Michigan Zoning Enabling Act of 2006, P.A. 110 of 2006, as amended (MCLA 125.3101). The power or authority to alter or change this zoning ordinance or the zoning map is reserved to the city commission in the manner provided by law.

(Ord. of 4-13-2010)

The zoning board of appeals may hear and decide appeals when it is alleged by the appellant that there is an error of law in any order, requirement, permit, decision, determination or refusal made by the city manager, planning director, or any other administrative official in carrying out or enforcing this zoning ordinance. The board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit.

(Ord. of 4-13-2010)

A.

An appeal may be taken to the zoning board of appeals by any person, officer, department, board or bureau affected by a decision of the city concerning this zoning code. Such appeal shall be taken within 60 days from the decision by filing with the planning director and with the board a notice of appeal specifying the grounds thereof. The planning director shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

B.

The board shall select a reasonable date, time and place for the hearing of the appeal, shall give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(Ord. of 4-13-2010)

The zoning board of appeals shall interpret this zoning ordinance text and map in such a way as to carry out the intent and purpose of the comprehensive plan. In the case of any question as to the location of any boundary line between zoning districts, the board shall interpret the zoning map after receiving a recommendation from the planning commission.

(Ord. of 4-13-2010)

A.

The zoning board of appeals may authorize, upon an appeal, a non-use variance from the strict application of any provision of this zoning ordinance where, by reason of exceptional irregularity, narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of the ordinance from which this article was derived, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of this zoning ordinance would result in peculiar or exceptional practical difficulties upon the owner of such property.

B.

In hearing and deciding appeals for non-use variances, the board shall adhere to the following criteria in determining whether or not practical difficulties exist:

1.

Requiring the owner to comply with the regulations governing area, setbacks, frontage, height, bulk, density or other non-use requirements would unreasonably prevent the owner from using the property for a permitted purpose, or would render conformity with such regulations unnecessarily burdensome.

2.

The variance granted is the smallest variance necessary to do substantial justice to the owner as well as to other property owners.

3.

The ordinance can be granted in such a fashion that the spirit of the ordinance will be observed and public safety and welfare secured.

4.

The need for the variance is not self created.

5.

The need for the variance is due to unique circumstances of the property itself, and not due to general conditions in the area or to circumstances related to the owner personally or to others residing on the property.

The board shall grant no non-use variance if it finds an application does not meet all of the above listed criteria for determining whether or not a practical difficulty exists.

In consideration of variances from the allowed uses as prescribed by the ordinance from which this article was derived, the zoning board of appeals shall, first determine that the proposed variation from use affirmatively meets all of the following general standards for unnecessary hardship:

A.

The proposed variation involves exceptional circumstances not found in other areas of the same zoning district.

B.

The proposed variation will be in harmony with the general purposes and intent of this zoning ordinance, and the comprehensive plan.

C.

The proposed variation will not in any respect impair the public health, safety, comfort or welfare of the inhabitants of the city.

D.

The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

E.

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contact in residentially zoned districts.

F.

The location, size, intensity, site layout and periods of operation of such proposed use will be designed to eliminate any possible nuisance emanating therefrom, which nuisance might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

G.

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(Ord. of 4-13-2010)

The zoning board of appeals, in acting favorably on any appeal in connection with a request for a variance, may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the standards set forth in this article. In addition, the board may require performance bonds to ensure compliance with any requirements deemed necessary for approving any variance. Following the establishment of any land use pursuant to a variance, any change and/or modification, as well as the original provisions of the building and site plan which have not been modified, shall be maintained as a condition of the establishment of any use to which they are appurtenant and applicable. The board may also deny any appeal but only in accordance with such standards.

(Ord. of 4-13-2010)

No order of the zoning board of appeals permitting the erection or alteration of a building, an open air land use or a parking lot shall be valid for longer than six months unless such use is established within such period or a permit for such erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to a completion in accordance with the terms of permit. However, where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a zoning permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. of 4-13-2010)

A.

The decision of the zoning board of appeals shall be final. However, a person having an interest affected by this zoning ordinance may appeal such decision to the circuit court, within 30 days after the zoning board of appeals issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the zoning board of appeals if there is not chairperson, or within 21 days of approval of the formal record by the board. Upon appeal, the court shall review the record and decision of the board to ensure that the decision:

1.

Complies with the Constitution and laws of the state;

2.

Is based upon proper procedure;

3.

Is supported by competent, material and substantial evidence on the record; and

4.

Represents the reasonable exercise of discretion granted by law to the board.

B.

If the court finds that the record of the board is inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the board, the court shall order further proceedings before the board on conditions which the court considers proper. The board may modify its findings and decision as a result of the new proceedings or may affirm its original decision. The supplementary record and decisions shall be filed with the court.

C.

As a result of the review required by this section, the court may affirm, reverse or modify the decision of the board.

(Ord. of 4-13-2010)

An appeal stays all proceedings in furtherance of the action appealed from unless the planning director certifies to the zoning board of appeals after the notice of the appeal shall have been filed with him or her that, for reasons of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board or by circuit court, upon application.

(Ord. of 4-13-2010)

The city commission may, from time to time, prescribe and amend, by resolution, a reasonable schedule of fees to be charged to the applicants for appeals to the board of appeals. At the time the notice for appeal is filed, said fee shall be paid to the city treasurer.

(Ord. of 4-13-2010)