(a)

The legislative body may act as a board of appeals upon all questions arising under this chapter. In such an event, the legislative body may fix rules and regulations to govern its procedure sitting as a board of appeals.

(b)

In the event that the legislative body so desires; it may appoint a board of appeals consisting of not less than five members, each to be appointed for a term of three years. Appointments for the first year shall be for a period of one, two and three years, respectively, so as to provide for the appointment of an equal number each year, depending on the number of members. Each member thereafter shall hold office for the full three-year term.

(Ord. of 11-6-2017, § 9.1)

Meetings of the board of appeals shall be held at the call of the chairperson and at such other times as the board, in its rules of procedures, may specify. The chairperson, or, in his absence, the acting chairperson, may administer oaths and may compel the attendance of witnesses. All meetings of the board of appeals shall be open to the public. The board shall maintain a record of its proceedings, which shall be filed in the office of the city clerk and which shall be a public record.

(Ord. of 11-6-2017, § 9.2)

The board of appeals shall have all powers and jurisdiction granted by the Michigan Zoning Enabling Act, MCL 125.3101 et seq. The board of appeals shall have the following major responsibilities: interpretations, appeals and variances.

(Ord. of 11-6-2017, § 9.3)

The concurring vote of a majority of the members of the board of appeals shall be necessary to make an interpretation or to reverse an order, requirement, decision, or determination of the administrative official or body or to decide in favor of the applicant any matter upon which they are required to pass under or to effect variation in this article.

(Ord. of 11-6-2017, § 9.4)

The board of appeals, when requested by an administrative official, the planning commission, the city, the county, or an individual, shall make an interpretation of this chapter wording and this chapter map. Such interpretation shall be made a part of the record and shall be forwarded to the ordinance enforcement officer, the city clerk, the building inspector, the planning commission, and the party seeking the interpretation.

(Ord. of 11-6-2017, § 9.5)

(a)

The board of appeals shall hear and decide appeals from and shall review any order, requirements, decision, or determination made by an administrative official or body charged with the administration or enforcement of this article.

(b)

The board of appeals shall fix a reasonable time for hearing the appeal, shall give due notice as required in section 44-413, and shall decide the appeal within a reasonable time.

(c)

At the hearing, a party may appear in person or by agent or by attorney.

(d)

The board of appeals may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination as, in its opinion, ought to be made in the premises and, to that end, shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance or a permit.

(Ord. of 11-6-2017, § 9.6)

(a)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, or to make any change in the terms of this Code, nor to allow a use not otherwise permitted in a zoning district, but does have power to act on those matters where this Code provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state.

(b)

The board shall have the power to grant a dimensional variance from the rules and provisions of this article if it finds, from reasonable evidence after a public hearing with notice given as required in section 44-413, that all of the following facts and conditions exist:

(1)

There are exceptional or extraordinary circumstances or conditions that apply to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district (i.e., exceptional narrowness, shallowness, or shape of the property; exceptional topographic conditions; or other extraordinary conditions or circumstances regarding the land, buildings or structures).

(2)

The 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 if the variance is granted is not, by itself sufficient to support this finding.

(3)

Authorizing the variance will not be of substantial detriment to adjacent property and will not impair the intent and purposes of this article or the public health, safety, and welfare.

(4)

The condition or situation of the property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for the condition or situation.

(5)

The undue hardship did not result from the actions of the applicant (i.e., the hardship was not self-created).

(6)

The concurring vote of two-thirds of the members of the board shall be necessary to grant a dimensional variance.

(c)

The board of appeals may impose reasonable conditions upon the approval of a variance. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment, to conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

(1)

Be designed to protect natural resources and the health, safety, welfare, and social and economic well-being of those who will use the land under consideration: residents and landowners immediately adjacent to the parcel; or the community as a whole.

(2)

Be related to the valid exercise of the police power.

(3)

Be necessary to meet the intent and purpose of this chapter, related, to the standards established in the ordinance and be necessary to ensure compliance with those standards.

(Ord. of 11-6-2017, § 9.7)

The zoning board of appeals' process and procedures for conducting public hearings shall be governed by the Michigan Zoning Enabling Act, MCL 125.3101 et seq.

(Ord. of 11-6-2017, § 9.8)