A Board of Zoning Appeals (BZA) is hereby established and will perform the duties and exercise the powers provided by the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, in such a way that the intent of this Code is observed, and the public health and safety is secured.

City Council must, by a majority of all its members, appoint a Board of seven chosen due to their interest in and knowledge of land use law and city planning:

A. Membership. Each must have been a City resident for at least 1-year before their appointment. One Board Member is a member of the City Council, selected by the City Council to serve as an ex-officio member. The terms of office are determined by the City Council and stated in the resolution selecting the ex-officio member; however, the term cannot exceed the Commissioner’s term of office as a member of the City Council.

B. Appointment. The remaining six members are appointed by the mayor, subject to confirmation by City Council. The term of each appointed member is 3-years or until their successors are appointed and take office. A vacancy on the BZA must be filled within 30 days; this member will then serve for the remainder of the unexpired term. If the remaining unexpired term is less than 90 days, the position may remain vacant until the term expires.

C. Officers. At the first meeting of the calendar year, the Board chooses one of its members as chairperson, vice-chairperson, and secretary, each to serve a term of 1-year, with eligibility for reelection.

D. Other Local Office: Appointed Board members cannot hold any other municipal office except that one member may be a Planning Commission member except as allowed by Section 19.02(A): Membership Composition.

E. Removal. Any Board member, except the ex-officio member selected by the City Council, may after a public hearing, be removed for inefficiency, neglect of duty, or malfeasance in office by the City Council. City Council may, for like cause, remove the ex-officio member it has selected.

F. Compensation. All Board members serve without compensation.

G. Conflict of Interest. A member must disqualify themselves from a vote in which the member has a conflict of interest. Failure of a member to disqualify themselves from a vote in which the member has a conflict of interest constitutes malfeasance in office. Any Planning Commissioner or City Council member on the BZA must abstain from any vote on an issue which they have previously voted upon as a member of the Planning Commission or the City Council.

A. Bylaws. The BZA must establish its own rules of procedure with bylaws. The BZA may adopt, amend, modify, and revoke its rules from time to time.

B. Meetings. Regular meetings are called by the BZA Chairperson or the CED Director in response to applications. All provisions of the Michigan Open Meetings Act, as amended, apply to the proceedings of the BZA.

C. Requesting Expertise. The BZA has the power and authority to call upon any branch or department of the City, at any time, for information and advice needed by the Board in the prosecution of its work.

D. Quorum. The BZA cannot conduct business unless a minimum of four members are present. The concurring vote of a majority of the full membership of the BZA is necessary to reverse an order, requirement, decision or determination of an administrative official or body or to decide in favor of the applicant on a matter upon which the BZA is required to pass under a code or to affect a variation in a code.

E. Motions. A majority of those present and voting are necessary for the passing of a proposed motion. A tie vote is a failure of the proposed motion.

1. In the case of a tie vote the Board members voting against said motion may make an opposite countermotion. If this motion ties, the decision is a denial of the application.

2. Motions for use variances require the concurring vote of two-thirds of the members of the BZA.

F. Decisions. Any decision must state, in the record of its proceedings, the grounds for the actions taken concerning each item and list any conditions imposed.

G. Conditions. Conditions imposed in a decision must comply with the following:

1. Conditions must be designed to protect natural resources, the health, safety and welfare, and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2. Conditions must be necessary to meet the intent of this Code, related to the standards established in this Code for the land use or activity under consideration, and necessary to ensure compliance with those standards.

A. Zoning Code (Ordinance). The Board is responsible for interpreting the Code text and the Zoning Map whenever a question arises in the administration of this Code as to its meaning or intent. Any interpretations must carry out the intent and purpose of this Code, the Zoning Map, and the Master Plan and must be made in accordance with commonly accepted rules of construction for codes and laws in general.

B. Public Hearings. The Board is charged with holding public hearings in accordance with Section 17.03: Public Hearings.

C. Publicity and Education. The Board has the power to promote public interest in and understanding of the master plan and, to that end, may publish and distribute copies of the plan or any report and may employ such other means of publicity and education. It is the duty of the Board to consult and advise public officials and agencies, public utility companies, civic, educational, professional, and other organizations, as well as citizens, in relation to the development and implementation of this Code and the master plan.

D. Charge. Except as otherwise provided in this Code, to hear and decide appeals and review any order, requirement, decision, or determination made by an administrative official or body charged with the enforcement of this Code, including the CED Director, the Building Department, and the Planning Commission, other than Special Land Use or Planned Unit Development applications. The BZA may reverse or affirm, in whole or in part, or may modify the decision and decide as, in the BZA’s opinion, what should have been made, and to that end, has all the powers of the officer or body from whom the appeal is taken. The BZA must decide the appeal within a reasonable time.

E. Variances. Grant or deny variance requests made under Section 19.05: Variances.

A. Variance Requests. If there are practical difficulties associated with carrying out this Code, the BZA may, in deciding appeals, grant or deny a variance, so that the spirit of this Code is observed, public safety secured, and substantial justice done. Variances include Non-Use or Dimensional Variances, and Use Variances.

B. Approval. The BZA's granting of a variance does not constitute an assurance that a building permit will be issued. Any variance granted by the BZA expires and is of no effect one year following the date of approval unless construction has begun on the property. Approval remains valid only as long as the information provided to the BZA is found to be correct and the conditions upon which the decision was based are maintained.

The CED Director has final discretion over required submittals for a site plan. The site plan application details minimum submittal requirements. Submission of a site plan requires a complete application with ancillary submittals and any associated fees to be paid. Applications will not be processed unless they are determined to be complete. Any property owner aggrieved by a submittal requirement decision by the CED Director may appeal to the BZA.

A. A variance will not be granted by the BZA unless the following are demonstrated:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

2. That literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.

3. That the special conditions and circumstances do not result from the actions of the applicant.

4. Granting the variance requested will not confer on the applicant any special privilege that this Code denies to other lands, structures, or buildings in the same district.

5. That no nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts are considered grounds for the issuance of a variance.

B. In granting a variance, the BZA must state the grounds upon which it bases its decision; the BZA must determine that:

1. The requirements of the Code for a variance have been met.

2. The reasons set forth in the application justify the granting of the variance.

3. The variance is the minimum variance that will make possible a reasonable use of the land, building, or structure.

4. Granting of the variance is in harmony with the general purpose and intent of this Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

A. Conditions. In granting any variance, the BZA may prescribe appropriate conditions and safeguards in conformity with this Code. Violations of such conditions, when made a part of the terms under which the variance is granted, is a violation of this Code.

B. Limitations on Authority. The BZA does not have the power or authority to alter or change this Code or the Zoning Map, such power and authority is reserved to the City Council.

C. Violations. Any violation of this Code, including any improvement not in conformance with any variance granted, is a violation of this Code as provided in Article 17: Administration and Enforcement.

A. The CED Department reviews the information for completeness and schedules a public meeting for the BZA in compliance with Section 17.03: Public Hearings if applicable.

B. An appeal must be filed within 30 days of the date of the order, determination or decision appealed from, or, if the appeal is from a decision of a public body, within 30 days of the date of the approval of the minutes of the public meeting at which the decision was made.

C. All decisions of the BZA must be in the form of an approved motion or resolution reciting the facts and findings. The applicant and the officer or Approving Body appealed from must be advised of the BZA’s decision through a written communication within 14 days of the appeal hearing.

D. An appeal must stay all proceedings of the action appealed unless the officer or body from which the appeal is taken certifies to the BZA, in writing, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would in the opinion of the officer or body cause imminent peril to life or property. If such a certification is filed, the proceedings must only be stayed by a restraining order. A restraining order may be granted by the BZA or by the circuit court, on application, on notice to the officer or body from whom the appeal is taken and on due cause shown.

E. No decision the BZA has denied may be resubmitted until the expiration of 1-year from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions sufficient to justify reconsideration, in the CED Director’s sole determination. Any property owner aggrieved by this decision may appeal to the BZA. Applications for a rehearing are subject to the same rules and requirements as an original appeal. If the CED Director grants a request for reconsideration, the time period to appeal the BZA’s decision to the circuit court must commence 30 days after the date of the BZA's written decision on reconsideration.

F. Decisions of the BZA are final. A person, officer, or department of the City having an interest aggrieved by this Code or by a decision of the BZA has the right to appeal to the Circuit Court. Such an appeal must be made within 30 days of the date of the BZA's written decision.