(A)   There is hereby established a Board of Zoning Appeals, which shall perform its duties and exercise its powers as provided in Public Act 207 of 1921, as amended, being M.C.L.A. §§ 125.581 - 125.590, in such a way that the objectives of this ordinance shall be observed, public safety secured, and substantial justice done.  The Board of Zoning Appeals shall consist of not less than 5 members appointed by the City Council.  Appointments for the first year respectively, so as nearly as may be possible to provide.

   (B)   Thereafter each member shall be appointed and hold office for the full 3-year term.  The first member shall be the chairperson of the Planning Commission, the second member shall be a member of the City Council appointed by the City Council, and the remaining members shall be appointed by the City Council.

   (C)   The City Council may appoint not more than 2 alternate members to the Board of Zoning Appeals for 3-year terms.  The alternate members so appointed shall be called on a rotating basis to sit as regular members of the Board 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 reason of conflict of interest.  The alternate member shall serve in any case before the Board through its conclusion and until a final decision or resolution has been made on that case.  The alternate member shall have the same voting rights as a regular member of the Board of Zoning Appeals.

   All meetings of the Board of Zoning Appeals shall be held at the call of the chairperson, and at those times as the Board of Zoning Appeals may determine.  All meetings of the Board of Zoning Appeals shall be open to the public.  The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating that fact, and shall keep records of its findings, proceedings at hearings, and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record.

   An appeal may be taken to the Board of Zoning Appeals by any person, firm, or corporation, or by any officer, department, board, or bureau affected by a decision of the Zoning Administrator.  These appeals shall be taken within that time as shall be prescribed by the Board of Zoning Appeals by general rule, by filing with the Zoning Administrator and with the Board of Zoning Appeals a notice of appeal, specifying the grounds thereof.  The Zoning Administrator shall forthwith transmit to the Board of Zoning Appeals all of the papers constituting the record upon which action appealed from was taken.  An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril of life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record.  Request for special approval may be taken to the Board of Zoning Appeals by any person, firm, or corporation having an interest in the subject matter thereof by filing with the Zoning Administrator and with the Board of Zoning Appeals a notice thereof.  The Board of Zoning Appeals shall select a reasonable time and place for the hearing of the appeal or request for special approval and 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.

   (A)   The Board of Zoning Appeals shall make no recommendation in any specific case until after a public hearing, conducted by the Board of Zoning Appeals, has been held.

   (B)   Notice of the hearing of the appeal shall be given pursuant to Section 103 of Act No. 110, Public Acts of 2006, the Michigan Zoning Enabling Act.

   (A)   The Board of Zoning Appeals as herein created, is a body of limited powers.

   (B)   The Board of Zoning Appeals shall have the following specific powers and duties concerning appeals and requests for variances:

      (1)   To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this ordinance, and to hear and decide appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance so that the spirit of the ordinance shall be observed, public health and safety secured, and substantial justice done;

      (2)   In hearing and deciding appeals, the Board of Zoning Appeals shall have the authority to grant such variances as may be in harmony with the general purposes and intent of this ordinance, so that public health, safety, and welfare are secured, and substantial justice done, and may:

         (a)   Interpret the provisions of the ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying this ordinance, where the street layout actually on the ground varies from the street layout as shown on the Map;

         (b)   Permit the erection and use of a building or use of land for public utility purposes in any zoning district and waive height restrictions when the Board considers it necessary for the general public welfare;

         (c)   Permit the modification of the off-street automobile parking space or loading space requirements where, in the particular instance, the modifications will not be inconsistent with the purpose and intent of those requirements;

         (d)   Permit modification of the height, lot area, yard, setbacks, floor area, and lot width regulations as may be necessary to secure an appropriate improvement of a lot which is of such a shape or size, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without that modification, provided that modification of lot area regulations shall be permitted only in instances where the nature of the soil and drainage is such that there is sufficient area for safe water supply and sanitary disposal of waste (unless central water distribution or sanitary sewerage are provided).  Whenever the Board of Zoning Appeals determines that the same are necessary in order to render a decision, it may require the appellant to submit a topographical survey or the results of percolation tests certified by the City Engineer or other registered engineer or land surveyor; or

         (e)   Permit temporary buildings and uses for periods not exceeding 1 year.

      (3)   (a)   In consideration of all appeals and all proposed variances under this ordinance, the Board of Zoning Appeals shall, before granting any appeals or variance in a specific case, first determine that the proposed variance:

            1.   Involves unnecessary hardship for a use variance and practical difficulty for a non-use variance which precludes the reasonable use of the property, and involves exceptional and unique circumstances inherent in the property itself or in the immediately surrounding area not found in other areas of the same zoning district;

            2.   Will not impair an adequate supply of light and air to adjacent property or increase the congestion in public streets;

            3.   Will not increase the hazard of fire or flood, or endanger the public safety;

            4.   Will not unreasonably diminish or impair established property values within the surrounding area;

            5.   Will not in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city; and

            6.   Will not alter the essential character of the neighborhood.

         (b)   The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which it is authorized by this ordinance to render a decision.  Nothing herein contained shall be construed to give or grant to the Board of Zoning Appeals the power or authority to alter or change this ordinance or the Zoning Map, that power and authority being reserved to the City Council in the manner provided by law.

      (4)   In exercising the above powers, the Board of Zoning Appeals may reverse, or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken.

   The Board of Zoning Appeals may require the appellant or applicant requesting a variance or special approval to submit all necessary surveys, plans, or other information the Board may reasonably require.  The Board of Zoning Appeals may impose conditions or limitations in granting a variance or special approval as it may deem necessary to comply with the spirit and purposes of this ordinance.