There is hereby established a zoning board of appeals (herein referred to as the "board"), which shall perform its duties and exercise its power as provided for in this ordinance and the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, in such a way that the objectives of this ordinance shall be served, public health, safety and welfare protected and substantial justice done.

The zoning board of appeals shall consist of five (5) members and two (2) alternates appointed by the city council for three (3) year terms as follows:

A.

One member may be a member of the planning commission, and one member may be a member of the city council. An employee or contractor of the city council may not serve as a member.

B.

Members shall be selected from the electors of the city and reside within the city.

C.

The members selected shall be representative of the population distribution and of the various interests present in the city.

D.

Members of the board may be removed from office for inefficiency, neglect of duty or malfeasance in office, including failure of a member with a conflict of interest to abstain from deliberations or voting on the matter, after written charges have been filed with the city clerk and a public hearing has been held by city council.

E.

Vacancies shall be filled for the remainder of the unexpired term by resolution of the city council.

F.

Members shall be appointed not more than one month after the term of the preceding member has expired.

G.

A member of the board who is also a member of the planning commission or city council shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the planning commission or the city council. However, the member may consider and vote on other unrelated matters involving the same property.

H.

In the event a board member is elected to city council and such election increases the number of city council members serving on the board to more than one, then such member's seat on the board shall be deemed vacant. Such vacancy shall be filled for the remainder of the un-expired term by appointment in the same manner as for regular appointments for full terms.

The board shall adopt rules of procedure as may be deemed necessary to properly conduct business and organize meetings, in addition to the following:

A.

The board shall elect a chair, vice-chair and secretary from its membership. A member of the city council shall not serve as chair of the board.

B.

All meetings of the board shall be held at the call of the chair at such times as the board may determine.

C.

The board shall render decisions upon all matters within a reasonable time.

D.

The board may distribute the application materials to the zoning administrator, building official or other designated city consultants to review the application and provide a report to the board that addresses applicable ordinance issues, whether the issue in question can be resolved by other means defined in this ordinance, and how the request may affect the master plan and any other city planning documents.

E.

The board may request that any or all of the following information be provided to the board by the city clerk or building inspector, where available and applicable to the issue in question:

1.

The history of development on the site in question.

2.

A summary of past city approvals, orders and decisions related to the site or issue in question.

3.

Whether all outstanding infractions related to this ordinance or other city ordinances have been resolved, other than the issue to be addressed by the board.

F.

A concurring vote of a majority of the total board membership shall be necessary to render a decision. The board shall not conduct business unless a majority of its members are present.

G.

The secretary shall keep minutes of the proceedings, record the vote of each member upon each question, indicate absences and abstentions, and keep records of hearings and other official action. Such minutes shall also be filed with the city clerk.

H.

The board shall have the power to require attendance of witnesses, and compel testimony and the production of documents, files and other information pertinent to the matters before it.

Applications to the board shall be filed with the city, and a fee established by city council shall be paid at the time the application is filed. Applications shall be accompanied by the following information, where applicable:

A.

Applicant's name, address, email address, telephone and facsimile numbers.

B.

The address, location and tax identification number for each parcel involved in the request.

C.

Zoning classification of the subject parcel(s) and all abutting parcels.

D.

A plot plan, drawn to scale, with a north-arrow, existing lot lines, street rights-of-way, easements, building and structures, setback dimensions, parking areas, driveways, sidewalks and other site improvements.

E.

A letter from the applicant summarizing the request and stating the reasons for the request.

F.

Any additional information deemed necessary by the board to make a determination on the issue in question.

The board shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the person or body charged with administration or enforcement of the zoning ordinance. Such appeals may be taken to the board by the person, firm or corporation aggrieved, or by an officer, department, board or bureau of the city affected by the order, requirement, decision or determination, provided that a notice of appeal application is filed with the city within a reasonable time of the order, requirement, decision or determination, not to exceed twenty-one (21) days. An appeal shall stay all administrative or enforcement proceedings associated with the appeal, unless the building inspector certifies to the board that, by reason of facts stated in the certificate, a stay in the opinion of the building inspector would cause imminent peril to life or property.

The board shall reverse an administrative decision only after finding that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the zoning ordinance.

Where the actual lines of streets, alleys, or property boundaries vary from the portions indicated on the zoning map, or some ambiguity exists as to zoning district boundaries, the board shall have the power to interpret the zoning map in such a way as to carry out the intents and purposes of the City of Ecorse Zoning Ordinance and Master Plan. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A.

Boundaries indicated as approximately following the center lines of streets, highways, watercourses or alleys shall be construed to follow such center lines.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following municipal boundaries shall be construed as following such municipal boundaries.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

E.

Boundaries indicated as parallel to or extensions of features indicated in subsections "A" through "D" above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

F.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, the board shall interpret the district boundaries.

G.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the board may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

The board shall have authority in specific cases to authorize one or more dimensional or "non-use" variances from the strict letter and terms of this ordinance by varying or modifying any of its rules or provisions so that the spirit of this ordinance is observed, public safety secured, and substantial justice done. A dimensional or non-use variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of the ordinance. A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning district. The board is authorized to grant use variances by this ordinance. Such authority to make dimensional and use variances shall be exercised in accordance with the following standards:

To hear and decide requests for exceptions and other matters upon which this ordinance specifically authorizes the board to act. Any exception shall be subject to such conditions as the board may require to preserve and promote the purpose of this ordinance, and the character of the zoning district in question.

The board shall make no determination on a specific case until after a public hearing conducted in accordance with the requirements in article 12. Each decisions of the board shall include a written record of the board's findings and determinations in the case.

Fees and performance guarantees associated with the review and determination of a request before the board shall be consistent with the requirements in article 12.

A.

No order of the board permitting the erection or alteration of a structure 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 completed in accordance with the terms of such permit.

B.

No order of the board pertaining to the use of a structure or land shall be valid for a period longer than one year unless such use is established within such period, except where such use is dependent upon the erection or alteration of a structure, in which case the one year period shall begin after the certificate of occupancy is issued for the structure.

C.

The board shall not consider appeals of any decisions by the planning commission or city council regarding requests for approval of amendments, special land uses, or planned unit developments, as defined in this ordinance.

D.

Board jurisdiction to consider appeals of site plan determinations shall be limited to cases referred by the planning commission, where the planning commission has approved a site plan contingent upon approval of one or more variances by the board. In such cases, the planning commission secretary shall provide copies of the site plan, application materials and planning commission meeting minutes to the board, and consideration shall be limited to the specific variances identified as conditions of site plan approval by the planning commission.

E.

The board shall not have the authority to alter this zoning ordinance or zoning map.

Alternate members may be called on a rotating basis to sit as members of the board in the absence of regular members. An alternate member may also be called on to serve in the place of a board member, with the same voting rights, for the purpose of reaching a decision on a case in which the member has abstained because of a conflict of interest. The alternate member appointed shall serve in the case involving the conflict of interest until a final decision is made.

The board shall have the power to hear and decide requests for interpretations of zoning ordinance provisions in such a way as to preserve and promote the character of the zoning district in question, and carry out the intent and purpose of this ordinance, the master plan or any sub-area plans. This shall not include use determinations as provided for in this ordinance, except upon appeal of a determination that has been made.

The board shall have the power to hear and decide appeals of the determination of similar use decisions rendered by the planning commission. The board shall make its determination based on the standards in section 3.1.2.

The board may grant a requested "non-use" variance only upon a finding that practical difficulties exist. A finding of practical difficulties is when the applicant has demonstrated all of the following:

A.

Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters, will unreasonably prevent the owner from using the property for a permitted purpose or will render ordinance conformity unnecessarily burdensome.

B.

The variance will do substantial justice to the applicant, as well as to other property owners.

C.

The variance requested is the minimum variance needed to provide substantial relief to the applicant and/or be consistent with justice to other property owners.

D.

The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.

E.

The problem and resulting need for the variance has been created by strict compliance with the zoning ordinance, not by the applicant or the applicant's predecessors.

The board may grant a requested "use" variance only upon finding that an unnecessary hardship exists. An unnecessary hardship is when the restrictions of the zoning ordinance on the property, when its environment is considered, is so unreasonable as to constitute an arbitrary and capricious interference with basic private property rights. A finding of unnecessary hardship shall require demonstration by the applicant of all of the following:

A.

The property cannot be reasonably used for any purpose permitted in the zoning district without a variance.

B.

The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.

C.

The variance will not alter the essential character of the area. In determining whether the effect the variance will have on the character of the area, the established type and pattern of land uses in the area and the natural characteristics of the site and surrounding area will be considered.

D.

The problem and resulting need for the variance has not been self-created by the applicant.