(a)

There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in section 601 of Public Act No. 110 of 2006 (MCL 125.3601), and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

(b)

The board shall consist of five members appointed by the city council. Appointments shall be as follows:

(1)

One member appointed for a period of one year;

(2)

Two members appointed for a period of two years; and

(3)

Two members appointed for a period of three years, respectively;

(4)

Thereafter, each member to hold office for the full three-year term. Any vacancies in the board shall be filled by appointment by the council for the remainder of the unexpired term.

(c)

The zoning board of appeals shall annually elect its own chairperson, vice-chairperson and secretary.

(d)

The compensation of the appointed members of the zoning board of appeals may be fixed by the city council.

(Ord. No. 401, § 2800, 5-2-2005; Ord. No. 412, § 6, 2-5-2007)

All meetings of the board of appeals shall be held at the call of the chairperson and at such times as such board may determine. All hearings conducted by said board shall be open to the public. The city clerk or his representative 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 members of the board shall constitute a quorum for the conduct of its business.

(Ord. No. 401, § 2801, 5-2-2005)

The city council may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. At the time the notice for appeal is filed, said fee shall be paid to the secretary of the board of appeals, which the secretary shall forthwith pay over to the city treasurer to the credit of the general revenue fund of the city.

(Ord. No. 401, § 2802, 5-2-2005)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, special permit and site plan and to authorize a variance as defined in this section and laws of the state. Said powers include:

(1)

Administrative review. 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 building inspector or any other administrative official in carrying out or enforcing any provisions of this chapter. An appeal may be taken to the board of appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision on a site plan by the planning commission or a decision on a special condition permit by the city council or zoning administrator. Such appeal shall be taken within 30 days of issuance of the decision, such time as shall be prescribed by the board of appeals by general rule, by filing with the person or body whose decision is being appealed and with the board of appeals a notice of appeal, specifying the grounds thereof. The person or body whose decision is being appealed shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the person or body whose decision is being appealed certifies to the board of appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise then by a restraining order, which may be granted by a court of record.

(2)

Variance. In granting a variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance.

a.

Variances shall be classified as either use variances or non-use variances. A use variance shall be any variance which permits a use not specifically permitted by this chapter for the district in which it is located. Any other variance shall be a dimensional variance, including variances from regulations relating to signs and parking requirements. Use variances shall not be approved in the city.

b.

Dimensional variances shall be approved only upon a ZBA finding that strict application of the regulations would result in practical difficulties to the owner of such property. Such a finding shall be made only when all of the following criteria are met:

1.

Exceptional characteristics of property for which the variance is sought make compliance with dimensional requirements unnecessarily burdensome or would unreasonably prevent the owner from using the property.

2.

The characteristics which make compliance with dimensional requirements difficult must be related to unique characteristics of the property.

3.

The characteristics which make compliance with dimensional requirements difficult must not have been created by the current or a previous owner.

4.

The proposed variance would do substantial justice to the applicant as well as other property owners in the district and will be the minimum necessary, and no variance shall be granted where a different solution not requiring a variance would be possible.

c.

The ZBA must insure in issuing a variance that the spirit of the chapter is observed, public safety secured and substantial justice done.

d.

Any variance which authorizes construction contrary to the requirements of this chapter shall be void unless the construction so authorized is commenced within 12 months of the granting of the variance and diligently pursued until completion.

(3)

Interpretation of zoning chapter and map.

a.

The ZBA shall have the authority to interpret the provisions of this chapter when a requirement, standard, or other text is unclear. When determining if a particular use is included in the definition of a type or group of uses permitted in a district, it shall not interpret a use specifically listed in one district as being inferred as permitted in another district.

b.

Interpretation of ZBA district boundaries. In interpreting the boundaries of zoning district boundaries, the ZBA shall assume, unless there is information indicating otherwise, that zoning district boundaries follow lot lines, the centerline of creeks, streets, or alleys, railroad rights-of-way, section lines one-quarter or one-eight section lines, or corporate boundary lines as they existed when the zoning boundary line was established.

(4)

Authority to alter or change chapter or map. Nothing herein contained shall be construed to give or grant to the board the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the city council, in the manner provided by law.

(Ord. No. 401, § 2803, 5-2-2005)

In exercising the powers listed in section 44-795, the board may reverse or affirm, wholly or partly, or may modify the orders, 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 building inspector from whom the appeal is taken.

(Ord. No. 401, § 2804, 5-2-2005)

(a)

Notice of hearing shall be published not less than 15 days prior to the hearing. In the case of requests involving specific parcels such as a variance, a written notice shall be given as provided below to the owners of property that is the subject of the request. Notice shall also be given to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the city. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, 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.

(b)

The notice required above is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(c)

A notice under this section shall do all of the following:

(1)

Describe the nature of the request.

(2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(3)

State when and where the request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 401, § 2805, 5-2-2005; Ord. No. 412, § 7, 2-5-2007)

The concurring vote of three members of the board shall be necessary to reverse any order, requirements, decision or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. The zoning board of appeals shall state the grounds for any determination made by the board to be recorded within the meeting minutes.

(Ord. No. 401, § 2806, 5-2-2005; Ord. No. 412, § 8, 2-5-2007)

(a)

No order of the board permitting the erection or alteration of a building shall be valid for a period longer than one year, 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.

(b)

No order of the board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. No. 401, § 2807, 5-2-2005)