The Board of Appeals shall consist of ten voting members, nine appointed by the City Council, one from each of the nine wards of the City, and one member of the Planning Commission. The Planning Commission shall recommend a member of the Planning Commission to be appointed by the City Council. Each member shall be appointed for a term of three years, except the member of the Planning Commission shall serve for a term of one year. The City Planner shall be the Secretary of the Board and shall have no vote.

(Ord. 2046, passed 4-11-1968; Ord. 2608, passed 7-25-1977; Ord. 2888, passed 12-12-1983; Ord. 3683, passed 9-25-2006; Ord. 3697, passed 12-10-2007)

   (a)   Causes for removal of Board members (including alternates) from the Board by the City Council shall include malfeasance, misfeasance, nonfeasance generally and in particular:

      (1)   Failure to maintain reasonable familiarity with State statutes and local Code provisions and any other ordinances and rules affecting the Board or failure to be governed thereby;

      (2)   Failure to disclose conflicts of interest for the purposes of disqualification when a member has a personal or monetary interest in the matter involved, or will be directly affected by a decision of the Board; and

      (3)   Failure to attend three consecutive regular meetings or more than one-half of the last 12 regular meetings may require a hearing by the Board at its next regular meeting following receipt of an attendance report from the Zoning Administrator. The Board shall determine at that hearing if the circumstances warrant removal or continuation of the member(s) in the appointment and shall transmit only a recommendation of removal to the City Council.

   (b)   The City Council may remove the member from the Board upon Board recommendation.

(Ord. 3094, passed 3-13-1989; Ord. 3697, passed 12-10-2007)

   (a)   The Board of Appeals shall organize, elect its Chairperson and adopt rules for its own government in accordance with this chapter. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine.

   (b)   The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records and its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(Ord. 2046, passed 4-11-1968; Ord. 3697, passed 12-10-2007)

   Six members of the Board of Appeals shall constitute a quorum. The Board shall act by resolution or motion, and the concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or any other administrative official, or to decide in favor of an applicant in any matter on which it is required to pass under this chapter, or to effect a variance from the requirements stipulated in this chapter, except that a concurring vote of two-thirds of the members of the Board shall be necessary to grant a variance from uses of land permitted in this chapter. The grounds of every such determination shall set forth upon the record.

(Ord. 2046, passed 4-11-1968; Ord. 2665, passed 10-9-1978; Ord. 2880, passed 7-11-1983; Ord. 3296, passed 5-8-1995; Ord. 3697, passed 12-10-2007)

   The Board of Appeals may call upon the several City departments for assistance in the performance of its duties. It shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

(Ord. 2046, passed 4-11-1968; Ord. 3697, passed 12-10-2007)

   (a)   Filing of applications. An application, in cases in which the Board of Appeals has original jurisdiction under the provisions of this chapter may be taken by any property owner, or option holder, or by a tenant, with the consent of the property owner, or by a governmental officer, department, board or bureau. Such applications shall be filed with the Planning and Zoning office.

   (b)   Report on application. The Planning and Zoning office shall investigate the application and submit a report to the Board.

   (c)   Filing of appeals. An appeal to the Board may be taken by any person aggrieved by a decision of the Building Inspector or aggrieved by any action taken under this chapter by any of the administrative officials of the City charged with enforcement of the same, or by any officer, department, board or bureau of the City affected by any decision of the Building Inspector. Such appeal shall be taken within 20 days after the decision by filing with the Planning and Zoning office a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.

   (d)   Report on appeal. The Planning and Zoning office shall investigate the appeal and submit a report to the Board.

   (e)   Notice requirements and fees. The Board shall subscribe to all of the following notice requirements as set forth by Michigan law.

      (1)   The City Planner or designee shall publish notice of the request for hearing in a newspaper of general circulation in the City of Flint.

      (2)   Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction.

      (3)   The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term “occupant” may be used in making notification under this subsection. The notice shall do all of the following:

         a.   Describe the nature of the request;

         b.   Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses need not be created and listed. If no such addresses exist within the property, other means of identification may be used;

         c.   State when and where the request will be considered; and

         d.   Indicate when and where written comments will be received concerning the request.

      (4)   Each application or appeal shall be accompanied by a check, payable to the City of Flint, or a cash payment to cover the cost of publication or posting, mailing the notices of the hearing or hearings and work performed in relation to the application. The amount shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. At the hearing, any party may appear in person or be represented by an agent or attorney.

   (f)   Decision of the Board.

      (1)   The Board shall decide all applications and appeals within 30 days after the final hearing thereon. A copy of the Board’s decision shall be transmitted to the applicant or appellant, and to the Building Inspector. The decision shall be binding upon the Building Inspector and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

      (2)   The decision of the Board shall not become final until the expiration of five days from the date of entry thereof, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

   (g)   Stay of proceedings. An appeal shall stay all proceedings regarding the action on appeal, unless the entity or officer from which the appeal is taken certifies to the Board, that a stay would cause imminent peril to life or property. The entity or officer described above shall state the factual basis for the opinion provided in a certificate provided to the Board. Otherwise, proceedings shall only be stayed by a restraining order granted by the Zoning Board of Appeals or circuit court.

(Ord. 2046, passed 4-11-1968; Ord. 3043, passed 8-24-1987; Ord. 3080, passed 10-24-1988; Ord. 3429, passed 2-8-1999; Ord. 3697, passed 12-10-2007)

   (a)   An appeal of an administrative decision may be filed after 20 calendar days if the party filing the appeal did not receive actual notice of the administrative decision.

   (b)   The decision to hear an appeal described in subsection (a) must be approved by not less than six members of the Zoning Board of Appeals (ZBA).

   (c)   The ZBA does not have the authority to hear an appeal of an administrative decision filed more than 30 calendar days after the appealing party has received actual or constructive notice.

   (d)   An appeal taken to the ZBA under this section shall be consistent with the procedures established in § 50-159 hereof.

(Ord. 3103, passed 7-24-1989; Ord. 3697, passed 12-10-2007)

   The Board of Appeals shall have the following powers:

   (a)   Variances and interpretations of zoning map. The Board shall have the power to hear and decide, in accordance with the provisions of this chapter, applications, filed as provided in this article, for variances or interpretation of the zoning map, or for decisions upon other special questions upon which the Board is authorized to pass by this chapter. In considering an application for a variance, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a variance, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular variance, as the Board may deem necessary for the protection of adjacent properties and the public interest.

   (b)   Other uses. In addition to permitting the variances already specified, the Board shall have the power to permit the following: temporary structures and uses. The Board may authorize the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed in this chapter for the district in which it is located; provided, that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

   (c)   Interpretation of zoning map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Board and a determination shall be made by the Board.

   (d)   Interpretation of zoning ordinance text. The Board shall have the authority to interpret the text of the City of Flint zoning ordinance; and any such determination on this subject shall be final and appealable to the Circuit Court for the County of Genesee.

   (e)   Administrative review.

      (1)   Hearings. The Board shall have the power to hear and decide appeals, filed as provided in this article, where it is alleged by the appellant that there is error in any order, requirements, decision, determination, grant or refusal made by the Building Inspector or other administrative official in the enforcement and interpretation of the provisions of this chapter.

      (2)   Decisions. The Board shall, within its prescribed authority, have the power to make its own, or reverse, affirm or modify, either in whole or in part, any order, requirement, decision or determination made by the Building Inspector or other administrative official that is before it.

   (f)   Variances. The Board shall have the power to authorize upon application or appeal in specific cases filed as provided in this article, such variances from the terms, provisions or requirements of this chapter and as otherwise provided in the Code of ordinances as will not be contrary to the public interest; provided, that such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this chapter would result in practical difficulty or unnecessary hardship. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this chapter and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it shall deem to be necessary to enforce compliance with the conditions attached.

   (g)   Use variance.

      (1)   Purpose. A use variance allows a use in a zoning district that is otherwise not allowed in that district under the terms of the zoning ordinance. An applicant must show undue hardship to be granted a use variance.

      (2)   Findings of the Board. No such use variance shall be authorized by the Board unless the Board finds that all the following facts and conditions exist:

         a.   The property cannot be used (put to a reasonable use) for the purposes permitted in that zone;

         b.   The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions;

         c.   That the proposed use will not alter the essential character of the area;

         d.   The problem was not a self-created hardship; and

         e.   Issuance of the variance would still ensure that the spirit of the ordinance is observed, public safety secured and substantial justice done.

   (h)   Nonuse variance.

      (1)   Purpose. A nonuse variance is a variance relating to the construction, structural changes or alterations of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance. An applicant must show “practical difficulty” to be granted a nonuse variance.

      (2)   Findings of the Board. No such nonuse variance shall be authorized by the Board unless the Board finds that all the following facts and conditions exist:

         a.   The standard for which the variance is being granted would unreasonably prevent the owner from using property for a permitted purpose or would render conformity unnecessarily burdensome;

         b.   The variance is the minimum necessary to provide adequate relief to the applicant and is not so large that it is unfair to similarly situated property owners who managed to comply with the requirements or make do with a smaller variance;

         c.   The problem is due to circumstances unique to the property and not to general conditions in the area;

         d.   The problem that resulted in the need for the variance was not a self-created hardship. In this instance “self-created” includes actions by the current owner or past owners of the property; and

         e.   Issuance of the variance would still ensure that the spirit of the ordinance is observed, public safety secured and substantial justice done.

   (i)   Expiration of variance. 

      (1)   Variance approval is valid for one year from the date of approval. If the applicant has not established the use in the case of a use variance or pulled a building permit to construct the structure authorized by a nonuse variance, variance approval shall expire. If a building permit is issued within a year of the variance approval but the building is not completed before expiration of the building permit and the permit is not extended, the variance approval shall expire.

      (2)   A use variance that ceases to be used for 12 consecutive months shall expire. Where applicable, the 12-month period shall begin to run from the date the use variance is approved.

(Ord. 2046, passed 4-11-1968; Ord. 2846, passed 7-26-1982; Ord. 3392, passed 1-11-1999; Ord. 3697, passed 12-10-2007)