It is the intent of this article to:

a.

Ensure that the objectives of this article are fully and equitably achieved.

b.

Provide a means for competent interpretation of this article.

c.

Accomplish flexibility in the strict application of its provisions.

d.

Ensure the spirit of this article be observed, public safety secured, and substantial justice done.

The city council, comprised of six (6) members, one of whom shall be a member of the planning commission, is established as the zoning board of appeals (ZBA) and shall perform the duties and exercise the powers as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and in such a way that the objectives of this article shall be observed.

a.

The ZBA shall adopt rules and/or procedures for the conduct of its meetings and the performance of its powers and duties. The procedures shall be in accord with the provisions of this article and applicable state law. The board shall annually elect a chairperson, a vice chairperson, and a secretary.

b.

Meetings of the ZBA shall be held at the call of the chairperson and at such other times as the board may specify in its rules of procedure. The applicable provisions of Public Act No. 267 of 1976 (MCL 15.261 et seq., Open Meetings Act) shall apply.

c.

A majority of the total membership of the board shall comprise a quorum. A majority of the regular member must be present in person for the ZBA to conduct business.

d.

A member of the ZBA who also serves as a member of the planning commission must abstain from voting on a matter being considered by the ZBA that the member voted on as a member of the planning commission where the facts and circumstances associated with the particular decision under review make abstention necessary to satisfy the due process requirement for impartial decision-making.

e.

Minutes shall be kept of each meeting and the ZBA shall record into the minutes all findings, conditions, facts, and other relevant factors, including the vote of each member, upon each appeal case. All meetings and records shall be open to the public. All minutes shall be filed in the office of the city clerk. The city clerk, or the clerk's agent, shall act as recording secretary to the ZBA, including recording the minutes, publishing legal notices, and providing notices to property owners and others required by law.

a.

Applications shall not be accepted unless all of the following information is submitted:

1.

A completed application form (provided by the city).

2.

An accurate, scaled site plan with enough information to clearly indicate the nature of the issue being considered. The development official shall determine the completeness of such plans.

3.

An application fee as may be determined by the city council from time to time.

4.

A written explanation from the applicant indicating why the application meets the applicable review standards of this article.

b.

Upon receipt of an application as required by this article the chairperson of the ZBA shall fix a reasonable time and date for a public hearing. Notices for all public hearings shall be given as follows:

1.

The notice shall:

(a)

Describe the nature of the request.

(b)

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.

(c)

State when and where the request will be considered.

(d)

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

2.

Except as required in 3. and 4., below, notices for all public hearings shall be given as follows:

(a)

Notice of the hearing shall be not less than fifteen (15) days before the date of the public hearing.

(b)

Notice of the hearing shall be published in a newspaper of general circulation within the city.

(c)

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

(d)

Notice shall also be sent by mail to all persons to whom real property is assessed within three hundred (300) feet of the property and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the city. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.

3.

For ordinance interpretations and appeals of administrative decisions by the zoning board of appeals notice shall be only to the applicant and by newspaper publication, as required in 2.(b) above.

4.

If the interpretation or appeal of an administrative decision involves a specific property, notice shall be given to the person bringing the appeal and as required in 2.(a)—(d) above.

c.

The ZBA may adjourn any meeting held in order to allow the obtaining of additional information, or to provide further notice as it deems necessary.

a.

The ZBA shall hear only those matters which it is authorized to hear by Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and render its decision based upon the criteria contained in this article. The ZBA shall hear the following applications in accordance with the indicated standards.

b.

Administrative appeals.

1.

A notice of appeal shall be filed with the ZBA and the officer from whom the appeal is taken by the person aggrieved or by any officer, department, board or bureau of the state or local unit of government. The notice shall specify the grounds for the appeal.

2.

The ZBA shall hear and decide appeals where it is alleged that there is an error in fact, judgment, procedure, or interpretation in any order, requirement, permit, or decision made by the development official or other body enforcing the provisions of this article.

3.

Appeals to administrative decisions standards for review. An appeal of an administrative decision may be reversed by the ZBA only if it finds that the action or decision appealed meets one (1) or more of the following requirements:

(a)

Was arbitrary or capricious.

(b)

Was based on an erroneous finding of a material fact.

(c)

Constituted an abuse of discretion.

(d)

Was based on erroneous interpretation of the zoning ordinance or zoning law.

4.

Site plan review.

(a)

The ZBA shall review and make final determination on properly filed appeals from action by the planning commission or city council with respect to site plan reviews conducted pursuant to article XI, site plan review of this chapter.

(b)

The ZBA has the power to sustain, reverse or remand for further consideration the decision of the planning commission or city council when it is found that the decision is inconsistent with the provisions of this article or that there was an error of fact involved in the decision. In making this determination, the ZBA shall examine the application and all accompanying data as well as the records of the actions with respect to the site plan review.

c.

Interpretations.

1.

The ZBA shall have the power to make an interpretation of the provisions of this article when it is alleged that certain provisions are not clear or that they could have more than one (1) meaning. In deciding upon the request, the board shall ensure that its interpretation is consistent with the intent and purpose of this article and the article in which the language in question is contained.

2.

The ZBA may also make a determination of the precise location of the boundary lines between zoning districts in accordance with article III, zoning districts in general, of this chapter and the flood hazard area zone in accordance with article XIX, flood hazard area regulations, of this chapter, and records, surveys, maps, and aerial photographs.

3.

The ZBA may determine that a proposed use of land not specifically mentioned as a part of the provisions of any district is similar and compatible in character to a permitted or special land use. If the proposed use is determined to be similar to a permitted or special land use it will be subject to all standards and requirements of the similar use, so that it conforms to a comparable permitted or prohibited use of land in accordance with the purpose and intent of each district.

4.

The ZBA may issue a determination of the off-street parking and loading requirements of a use of land not specifically mentioned in article XIV, off-street parking and loading of this chapter such that it conforms to a comparable use of land.

d.

Special land uses. The ZBA may grant dimensional or other site plan related variances for special land uses. The ZBA shall not have the power to reverse or modify the city council's decision to approve or deny a special land use permit nor grant variances to any conditions placed on special land use approval.

e.

Variances.

1.

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

2.

Non-use variance standards for review. A non-use variance may be allowed by the ZBA 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:

(a)

Extraordinary circumstances. 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. Exceptional or extraordinary circumstances or conditions include:

(1)

Exceptional narrowness, shallowness or shape of a specific property on the effective date of the ordinance from which this chapter is derived.

(2)

By reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure.

(3)

By reason of the use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties.

(4)

Any other physical situation on the land, building or structure deemed by the ZBA to be extraordinary.

(b)

Practical difficulty/substantial justice. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions, would unreasonably prevent the use of the property. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district and 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.

(c)

Impact on surrounding neighborhood. The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood or interfere with or discourage the appropriate development, continued use, or value of adjacent properties and the surrounding neighborhood.

(d)

Public safety and welfare. The granting of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, comfort, morals or welfare of the inhabitants of the city.

(e)

Not self-created. The immediate practical difficulty causing the need for the variance request was not self-created by the applicant.

3.

Use variance standards for review. A use variance may be allowed by the ZBA 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)

Unreasonable current zoning designation. The applicant has demonstrated that the site can not reasonably be used for any of the uses allowed within the current zoning district designation. The ZBA may require submission of documentation from professionals or certified experts to substantiate this finding.

(b)

Unique circumstances. That the condition or situation of the specific parcel of property or the intended use of such property for which the variance is sought is unique to that property and not commonly present in the general vicinity or in the zone district. The applicant must prove that there are certain features or conditions of the land that are not generally applicable throughout the zone and that these features make it impossible to earn a reasonable return without some adjustment. Such unique conditions or situations include.

(1)

Exceptional narrowness, shallowness or shape of a specific property on the effective date of the ordinance from which this chapter is derived.

(2)

Exceptional topographic conditions or other extraordinary situation on the land, building or structure.

(3)

The use or development of the property immediately adjoining the property in question.

(4)

Any other physical situation on the land, building or structure deemed by the ZBA to be extraordinary.

(c)

Character of neighborhood. The use variance will not alter the essential character of the neighborhood or the intent of the comprehensive development plan, or be a detriment to adjacent properties.

(d)

Capacity of roads, infrastructure and public services. The capacity and operations of public roads, utilities, other facilities and services will not be significantly compromised.

(e)

Not self-created. The immediate practical difficulty causing the need for the variance request was not self-created by the applicant.

4.

Planning commission recommendation on use variance. Prior to the decision of the ZBA on a request for a use variance, the board may request that the planning commission, upon presentation of the application by the applicant, consider such request and forward a report to the ZBA. If requested by the board such report shall be limited to the planning commission's review of the effect of the proposal on the existing or intended character of the neighborhood and the ability of the property owner to use the property for a use already permitted under the existing zoning classification.

5.

Stormwater management variance. Upon application for a variance under article XX, stormwater management, the ZBA shall have the power to grant variances from its requirements, provided that any variance is in harmony with the general purpose and intent of its design, construction and maintenance standards. In addition to the procedures of this article XXII, zoning board of appeals, when variances are requested from article XX, stormwater management the applicant must show that stormwater management systems have been provided to the maximum extent feasible with the requirements of article XX, stormwater management.

a.

The concurring vote of a majority of the entire membership of the ZBA shall be necessary to decide in favor of the applicant for a non-use variance or other matter upon which the board is required to pass, except in the case of a request for a use variance which shall require at least two-thirds (⅔) vote of the entire membership of the ZBA in order to decide in favor of the applicant.

b.

All decisions of the ZBA shall become final when the ZBA certifies its decision in writing or approves the minutes of its decision, whichever is earlier, unless the ZBA 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.

c.

Every variance granted under the provisions of this article shall become null and void unless the construction authorized by such variance has been commenced within six (6) months after the granting of the variance:

1.

An applicant may, at no cost, request up to one (1) six-month extension of such variance from the ZBA, if applied for in writing prior to the expiration of the variance approval.

2.

The ZBA may grant such extension provided that the original circumstances authorizing the variance have not changed and that the circumstances creating the need for the extension were beyond the control of the applicant.

d.

No application for a variance which has been denied wholly or in part by the ZBA shall be resubmitted for a period of one (1) year from the date of the denial, except on the grounds of newly discovered evidence or proof of changed conditions found, upon inspection by the board, to be valid.

The ZBA may impose, in writing, specific conditions with an affirmative decision pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The breach of any such condition shall be a violation of this article.

The development official shall certify whether all conditions and other requirements of the variance have been fulfilled, as a precondition to the issuance of any permit required for development, construction, occupancy or use within the area governed by the variance.