The city commission shall act as a board of appeals upon all questions arising under this chapter, and shall fix the rules and regulations to govern its procedure sitting as such board of appeals.

(Code 1979, § 15.091)

State Law reference— Similar provisions, MCL 125.585(1).

An appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule, by the filing with the officer from whom the appeal is taken and with the board of appeals of a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

(Code 1979, § 15.092)

State Law reference— Similar provisions, MCL 125.585(6).

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have 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 proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals, or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Code 1979, § 15.093)

State Law reference— Similar provisions, MCL 125.585(7).

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

(Code 1979, § 15.094)

State Law reference— Similar provisions, MCL 125.585(8).

(a)

The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make an order, requirement, decision or determination as in the board's opinion should be made in the premises, and shall have all the powers of the officer or body from whom the appeal is taken. If there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the board of appeals may in passing upon appeals vary or modify any of its rules or provisions relating to the construction, or structural changes in, equipment, or alteration of buildings or structures, or the use of land, buildings or structures, so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.

(b)

The board of appeals may impose conditions upon an affirmative decision, as provided in section 4c(2) of Public Act No. 638 of 1978 (MCL 125.584c). The city commission may authorize the remuneration of the members of the board for attendance at each meeting.

(c)

The decision of the board of appeals shall be final; however, a person having an interest affected by this chapter may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the board of appeals to ensure that the decision meets all of the following:

(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.

(4)

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

(Code 1979, § 15.094)

State Law reference— Similar provisions, MCL 125.585(9)—(11).