There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided by Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and as provided in this chapter in such a way that the objectives of this chapter shall be enforced, the public health and safety secured, and substantial justice done.

(Code 1992, § 24-476; Ord. No. 304, § 1401, 6-2-2003; Ord. No. 315, 7-24-2007)

1. The zoning board of appeals shall consist of five members, to be appointed by the city council. One member shall be a member of the planning commission; four members shall be citizens who shall be representative of the various interests and population distribution of the city. The mayor shall appoint a representative from city council to the zoning board of appeals. The council representative shall not serve as the chair, and shall not have voting rights in accordance with section 44g of the city Charter.
2. Terms of office.
   1. The member of the planning commission shall serve terms concurrent with his term on the commission.
   2. The four additional members shall serve for three-year terms. These three-year terms shall be staggered so that not more than two members are appointed each year.
   3. Should a vacancy occur, the city council shall appoint a replacement within 60 days to fill the unexpired term.

(Code 1992, § 24-477; Ord. No. 304, § 1402, 6-2-2003)

The zoning board of appeals shall adopt its own bylaws of rules and procedures as may be necessary to properly conduct its meetings and activities. The concurring vote of a majority of the full membership of the zoning board of 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 they are required to pass under this chapter or to effect any variation in this chapter due to unnecessary hardship or practical difficulties.

(Code 1992, § 24-478; Ord. No. 304, § 1403, 6-2-2003)

Meetings of the zoning board of appeals shall be held at the call of the city clerk and at such other times as the board may specify in its bylaws.

(Code 1992, § 24-479; Ord. No. 304, § 1404, 6-2-2003)

All meetings of the zoning board of appeals shall be open to the public. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered, together with the record of the vote of each member by name of the board and the final disposition of each case. The grounds of every determination shall be stated in writing and recorded as part of the official minutes and record of the board. 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. Such minutes shall be filed in the office of the city clerk and the planning commission and shall be sent to the applicant or appellant and to the zoning administrator. The city clerk shall act as the depository for all official files of the board.

(Code 1992, § 24-480; Ord. No. 304, § 1405, 6-2-2003)

1. The zoning board of appeals shall have powers to interpret the provisions of this chapter and to grant variances from the strict application of any provisions of this chapter, except as otherwise provided in this chapter.
2. The zoning board of appeals shall hear and decide appeals from any order, requirement, decision or determination made by the city council, planning commission or zoning administrator in the administration of this chapter as hereinafter provided. They shall have power:
   1. To interpret the provisions of this chapter and to grant variances from the strict application of any of the provisions of this chapter;
   2. To decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with regard thereto.
   3. To grant variances from any of the regulations or provisions contained in this chapter in cases in which there are practical difficulties or unnecessary hardships in the way of their strict application.
   4. Determine the classification of off-street parking and loading requirements in article IX of this chapter.

(Code 1992, § 24-481; Ord. No. 304, § 1406, 6-2-2003)

1. The zoning board of appeals shall have the power to authorize upon appeal, specific variances for non-use standards.
2. Non-use variances. Variances from lot area and width regulations, building height and bulk regulations, yard width and depth regulations, off-street parking, loading space and landscaping standards and such requirements shall be permitted only if a practical difficulty in complying with this chapter can be demonstrated by the applicant. Furthermore, any non-use variance shall meet each of the following standards:
   1. The property for a permitted purpose.
   2. The variance would do substantial justice to the applicant as well as to other property owners in the zoning district and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be more consistent with justice to other property owners.
   3. The plight of the landowner is due to the unique circumstance of the property.
   4. The alleged practical difficulty has not been created by any person presently or previously having an interest in the property.
   5. The variance will not be contrary to the public interest.
   6. The variance will not cause any adverse effect to property in the vicinity or in the zoning district in which the property is located.
   7. The variance will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the zoning district in which the property is located.
   8. The variance will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(Code 1992, § 24-482; Ord. No. 304, § 1407, 6-2-2003; Ord. No. 315, 7-24-2007)

1. Each variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance has been commenced within one year after the granting of such variance.
2. No application for a variance which has been denied wholly or in part by the zoning board of appeals shall be resubmitted for a period of one year from such denial, except on grounds of new evidence or proof of changed conditions found by the zoning board of appeals to be valid.

(Code 1992, § 24-483; Ord. No. 304, § 1408, 6-2-2003)

1. How taken. Appeals from the ruling of the zoning administrator, planning commission or city council may be made to the zoning board of appeals in the following manner:
   1. The person, firm or agent thereof making the appeal, shall file in writing with the city clerk a letter stating what the specific appeal is and the reasons for such appeal.
   2. The city clerk shall submit the written appeal, along with all papers constituting the record from which the action appealed was taken to the zoning board of appeals.
2. Who may appeal. Appeals to the zoning board of appeals may be taken by any person aggrieved or by an officer, department, board, agency or bureau of the city, county, state, federal or other legally constituted form of government.
3. Fee for appeal. A fee as determined by the city council shall be submitted to the city clerk at the time of filing the letter of appeals. The appeals fee shall be immediately deposited in the city's general fund.
4. Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the zoning 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 otherwise than by a restraining order which may be granted by the zoning 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.
5. Notice of hearing. The clerk's office shall schedule a public hearing and shall publish a notice of the public hearing as required by sections 103 and 604 of Public Act No. 110 of 2006 (MCL 125.3103, 125.3604).
6. Representation at hearing. During a hearing, any party or parties may appear in person or by agent or by attorney.
7. Decision. The zoning board of appeals shall decide upon all appeals within a reasonable time and reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premise, and to that end, shall have all the powers of the zoning administrator, city council and planning commission from whom the appeal is taken. The zoning board of appeals' decision of such appeals shall be in the form of a resolution containing a full record of the findings and determination of the zoning board of appeals affixed thereon. Any persons having an interest affected by such resolution shall have the right to appeal to the circuit court on questions of law and fact.

(Code 1992, § 24-484; Ord. No. 304, § 1409, 6-2-2003; Ord. No. 315, 7-24-2007)