In order that the objectives of this Ordinance may be fully and equitably achieved, that a means shall be provided for the competent interpretation of the Ordinance, that adequate but controlled flexibility be provided in the application of this Ordinance, that the health, safety, and welfare of the public is secured, and that justice be done, there is hereby established a zoning board of appeals.

There is hereby established in and for the City of Eaton Rapids, a zoning board of appeals, which shall perform its duties and exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as amended (MCLA 125.585), in such a way that the objectives of this Ordinance shall be observed, public safety secured and substantial justice done.

The city council shall appoint a zoning board of appeals consisting of five (5) members. Appointments shall be for three-year terms so as to provide for appointment of two (2) members each year thereafter. Members of the board of appeals shall be removable by the city council for nonperformance of duty or misconduct in office upon written charges and after public hearing.

The city council may appoint, in accordance with Section 5 of Act 207 of the Public Acts of 1921, as amended (MCLA 125.585), not more than two (2) alternate members for the same term as regular members of the board. An alternate member may be called on a rotating basis to sit as a regular member 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 reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board.

(Ord. No. 2005-6, 6-13-05)

The zoning board of appeals shall meet at least annually to elect a chairman and a vice-chairman who shall hold office for one (1) year, with the eligibility for re-election. The city attorney or his or her representative shall act as legal council for the board and, subject to prior approval of the city council shall be present at meetings of the board upon request.

(Ord. No. 2009-2, 5-11-09)

A.

The board may adopt by-laws and rules of order to assist in decision making provided that no provision shall conflict with applicable state law or this Ordinance.

B.

Hearings shall be public and minutes, including action taken by the members, shall be kept for public record by its designated secretary, and submitted to the city clerk for filing.

C.

A quorum will consist of four (4) members of the board present.

D.

An affirmative vote of four (4) members shall be required to reverse any order, requirement, decision, or determination of any administrative official in the use of this ordinance and to grant any variances from uses of land which may be permitted by this ordinance.

E.

An appeal to the zoning board of appeals may be filed by a property owner. Said appeal, which shall specify the ground thereof, shall be made to the building inspector who shall transmit the appeal to the zoning board of appeals.

F.

Notice of public hearing of an appeal or application shall be given, stating the time and place of said hearing, by insertion in a newspaper of general circulation in the City of Eaton Rapids fifteen (15) days prior to said hearing date. In addition all persons who own real property or are occupants of structures within three hundred (300) feet of the property affected shall be notified of the hearing by personal delivery or the mail. In the case of a structure containing not more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals or businesses, notice may be given to the manage or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. Notice of such public hearing shall also be given by registered mail to each public utility and/or railroad within the zoning districts affected.

G.

Records and minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of such case. The grounds of every determination shall be stated. Such minutes shall accompany and be attached to the standard forms required to persons appealing as part of the zoning board of appeals' permanent records.

(Ord. No. 2002-18, 12-23-02)

A.

An appeal may be taken to the zoning board of appeals by any person, officer, department, board or bureau affected by a decision of the city concerning this Ordinance. Such appeal shall be taken within thirty (30) days from the decision by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

B.

The board shall select a reasonable time and place for the hearing of the appeal, shall 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.

The zoning board of appeals is a body of limited powers. The board shall have the specific powers and duties as set forth in this article, all jurisdiction and powers prescribed in other chapters of this Ordinance or the Code of Ordinances, and all jurisdiction and powers granted by Act 207 of the Public Acts of 1921, as amended (MCLA 125.581 et seq.) The power or authority to alter or change this Ordinance or the zoning map remains reserved to the city council in the manner provided by law.

The zoning board of appeals may hear and decide appeals when it is alleged by the appellant that there is an error of law in any order, requirement, permit, decision, determination, or refusal made by any administrative official in carrying out or enforcing this Ordinance.

The zoning board of appeals shall interpret the official zoning map of the City of Eaton Rapids, including the interpretation of the specific locations of zoning district boundaries when in doubt.

A.

The zoning board of appeals may authorize, upon an appeal, a variance form the strict application of any provision of this Ordinance, where, by reason of exceptional irregularity, narrowness, shallowness, shape, or area of a specific piece of property at the effective date of this Ordinance, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of this Ordinance would result in peculiar or exceptional practical difficulties to or unnecessary undue hardship upon the owner of such property.

B.

In hearing and deciding appeals for variances, the board shall adhere to the following criteria in determining whether or not practical difficulties and/or unnecessary hardships exist:

1.

That if the property owner complies with this Ordinance, he or she can secure no reasonable return from or make no reasonable use of his or her property;

2.

That the hardship results from the application of this Ordinance to his or her property, rather than from some other factor;

3.

That the hardship of which he or she complains is suffered merely by his or her property directly and not by others;

4.

That the hardship is not the result of his or her own actions; and

5.

That the hardship is peculiar to the property of the applicant.

The board shall grant no variance, if it finds an applicant does not meet all of the above listed criteria for determining whether or not a practical difficulty and/or unnecessary hardship exists.

In consideration of all appeals and proposed variations of this Ordinance, the zoning board of appeals shall, before making any variation from this Ordinance, in a specific case, first determine that the proposed variation affirmatively meets all of the following general standards:

A.

A practical difficulty and/or unnecessary hardship exists according to the standards of this Article.

B.

The proposed variation involves exceptional circumstances not found in other areas of the same zoning district.

C.

The proposed variation will be in harmony with the general purposes and intent of this Ordinance.

D.

The proposed variation will not in any respect impair the public health, safety, comfort, or welfare of the inhabitants of the city.

E.

The proposed use will be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

F.

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the distance involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contact.

G.

The location, size, intensity, site layout and periods of operation of such proposed use will be designed to eliminate any possible nuisances emanating therefrom, which nuisance might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights.

H.

The location and height of buildings or structures and the location, nature, and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

A.

The zoning board of appeals, in acting favorably on any appeal in connection with a request for a variance may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the standards set forth in this Article. In addition, the board may require some form of guarantee that the conditions will be adhered to.

B.

In exercising the powers described in this chapter, the board may reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made.

No order of the zoning board of appeals permitting the erection or alteration of a building, an open air land use, or a parking lot shall be valid for longer than six (6) months unless such use is established within such period or a permit for such erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to a completion in accordance with the terms of the permit. However, 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 the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with such permit.

The decision of the zoning board of appeals shall be final. However, a person having an interest affected by this Ordinance may appeal such decision to the circuit court.

An appeal stays all proceedings in furtherance of the action appealed from unless the building inspector certifies to the zoning board of appeals after the notice of the appeal shall have been filed with him that, for reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by circuit court, upon application.

The city council, may from time to time, prescribe and amend, a reasonable schedule of fees to be charged to the applicants for appeals to the zoning board of appeals. At the time the notice of appeal is filed, said fee shall be paid to the city.