A zoning board of appeals (ZBA) is established in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 2025-01, 1-13-2025)

The ZBA shall consist of not less than five regular members, and two alternate members. Members of the ZBA shall be appointed to staggered terms by resolution of the city council. One member of the ZBA shall be a member of the planning commission. Appointments to fill vacancies caused by members resigning prior to the completion of their term shall be for only the remainder of that term. All members will serve three year terms. The term of ZBA members also serving as a representative of the planning commission shall be consistent with their term timelines of their other body.

(Ord. No. 2025-01, 1-13-2025)

(a)

The ZBA shall have a chairperson, vice chairperson and a secretary.

(1)

The chairperson shall preside at all meetings.

(2)

The vice chairperson shall preside in the absence of the chairperson.

(b)

If the chairperson and vice chairperson are absent and a quorum is otherwise present, the longest serving ZBA member may serve as a temporary acting chairperson (pro tem) for the purpose of conducting said meeting at their discretion.

(c)

An election of officers of the board shall be held at the regular March meeting of each year.

(d)

The term of office of chairperson and vice chairperson shall be for one year.

(e)

The secretary, designated by the city clerk, shall keep a record of the minutes of all meetings; a record of all transcripts, records, plans, etc., brought before the board, and record the vote of each member upon each question, or if absent or failing to vote.

(f)

City clerk. The clerk must maintain a record of all ZBA variance decisions, interpretations, appeals, and any other decisions and motions made by the board.

(Ord. No. 2025-01, 1-13-2025)

All regular meetings shall be conducted according to the following order of business:

(1)

Regular meetings shall be held quarterly, or more frequently, at the call of the chairperson and at other times as the ZBA in its rules of procedure specify.

(2)

Special meetings may be called by the chairperson or, in their absence, the vice chairperson, as deemed necessary, with seven days' prior notification. Such notification will include the reason and/or agenda of the special meeting. Special meeting notices must be posted at the city hall.

(3)

Any member of the ZBA may be removed by the city council for misfeasance, malfeasance or nonfeasance in office, upon written charges and after public hearing. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest constitutes malfeasance in office. Any regular or alternate member of the ZBA who has three unexcused consecutive meeting absences will be reported to the city council which may establish nonfeasance in office.

(4)

All meetings, hearings, and records shall be open to the public and posted in compliance with Public Act No. 267 of 1976 (MCL 15.261 et seq.), the Open Meetings Act.

(5)

A regular meeting shall be conducted according to the following order of business:

a.

Call to order.

b.

Roll call.

c.

Pledge of allegiance.

d.

Approval of minutes of the previous meeting.

e.

Agenda approval.

f.

Meeting open to the public.

g.

Old business.

h.

New business.

i.

Staff reports.

j.

Adjournment.

(6)

Meetings of the ZBA shall be conducted in accordance with the provisions of Robert's Rules of Order, as revised.

(7)

All rules, regulations and procedures of the board shall be in compliance with the charter and ordinances of the city and the statutes of the state.

(8)

The board shall maintain a record of its proceeding, which shall be filed in the office of the city clerk and shall be a public record.

(9)

The ZBA shall state the grounds of any determination made by the board.

(Ord. No. 2025-01, 1-13-2025)

(a)

No meeting may be conducted without a quorum being present. A quorum shall consist of three members of the board including alternate members. The concurring vote of a majority of the appointed members of the board shall be necessary:

(1)

To reverse any order requirement, decision, or determination of any administrative official or body.

(2)

To decide in favor of the applicant on any matter upon which the board is required to pass under this chapter.

(3)

To affirm any interpretation of this chapter text or zoning district map.

(4)

To effect any variance in the requirements of this chapter, except that a concurring vote of two-thirds of the members of the ZBA shall be necessary to grant a variance from uses of land permitted in an ordinance.

(b)

Voting shall be by roll call vote and shall be recorded by yeas and nays.

(c)

Each member of the board shall vote on each question before the board for determination, unless excused therefrom for reasons involving conflict of interest by the affirmative vote of at least three members of the ZBA. Members shall disqualify themselves from a vote in which the member has a conflict of interest.

(d)

Alternate members.

(1)

Alternate members may be called on a rotating basis to sit in as regular members in the absence of a regular member.

(2)

Alternate members of the board may actively participate in the discussions of the board, and may question petitioners as appropriate. Alternate members will not, however, be permitted to make motions or to vote unless they are a designated substitute for a regular member of the board who is absent or who has abstained from voting.

(3)

An alternate member may also be called to serve as a member for purposes of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in that case until a final decision is made.

(4)

The alternate member has the same voting rights as a regular member of the ZBA when designated as a substitute.

(Ord. No. 2025-01, 1-13-2025)

(a)

Generally. The ZBA shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter. The powers of the ZBA include:

(1)

Appeal of administrative decisions. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator or any other administrative official or body in carrying out or enforcing any provisions of this chapter.

(2)

Interpretation. To hear requests for interpretation of the text of this chapter as well as the zoning map.

(3)

Variance. To consider use variances and non-use variances.

(4)

Initiate amendment. The ZBA may initiate an amendment to this chapter text or map as permitted in section 153.1102.

(b)

Decisions. For the powers of the ZBA listed in section 153.1006(a), the ZBA may approve, approve with conditions, deny, or postpone a decision.

(Ord. No. 2025-01, 1-13-2025)

(a)

Recipient. The city clerk shall be the recipient of all applications for the ZBA.

(b)

Deadline. Any application for the ZBA must be received by the clerk at least 21 days prior to the next scheduled ZBA meeting.

(c)

Fee. All applications shall be accompanied by the associated filing fee. Filing fees are not refundable except where an application was accepted in error or the fee paid exceeded the amount due.

(d)

Content. Any application shall include, at a minimum, the type of review requested, a description of the proposed request, applicant contact information, as well as a plot or site plan.

(Ord. No. 2025-01, 1-13-2025)

(a)

An appeal to the ZBA, based in whole or in part on the provisions of this chapter, may be initiated in response to any decision made by the zoning administrator or in response to any decision made by the planning commission. An appeal may be initiated by any person, firm, or corporation aggrieved by a decision, or by any governmental officer, department, board or bureau.

(b)

Such appeal shall be taken by filing a notice of appeal with the city clerk. Such appeal shall be made in writing on appropriate forms provided by the city clerk, payment of the required fee, and shall specify the grounds for such appeal.

(c)

The time from decision to an appeal being filed pertaining to that decision, will not exceed 30 days. This 30-day period beings the day the decision is made by the zoning administrator or planning commission.

(d)

The city clerk shall transmit all papers constituting such appeal to the board. The board may require the applicant to furnish such survey, plans or other information as may reasonably required, to the board for the proper consideration of the matter. Upon a hearing before the ZBA, any person or party may appear in person, by agent, or by attorney.

(e)

An appeal shall stay (continues) all proceedings in furtherance of the action appealed from unless the building inspector certifies to the ZBA that a stay (continues) would cause imminent peril to life or property. In this case the proceedings shall not be stayed unless the ZBA is required to take another action by a court order or similar legal action.

(f)

Standards of review. The ZBA may reverse or affirm or modify a decision, wholly or partly, or the order of requirements that are being appealed. In reaching a decision on an appeal request, the ZBA must find that the decision meets one of the following criteria:

(1)

The original decision was arbitrary or capricious.

(2)

The original decision was based on an erroneous finding of a material fact.

(3)

The original decision constituted an abuse of discretion.

(4)

The original decision was based on erroneous interpretation of this chapter or zoning state law.

(Ord. No. 2025-01, 1-13-2025)

Each case before the ZBA shall be considered as an individual case. Variances reviewed by the ZBA are associated with the subject parcel, and (if approved) stay with the parcel through ownership changes. Each shall conform to the detailed application and to the following standards in a manner appropriate to the particular circumstances of such case:

(1)

Use variances. In order to approve a variance in the permitted use of land, the applicant must demonstrate unnecessary hardship. To demonstrate unnecessary hardship, the ZBA must find, by two-thirds of the members of the zoning board appeals, all the following standards to have been met:

a.

The property cannot be put to a reasonable use as currently zoned.

b.

The problem is due to unique circumstances peculiar to the property and not to general neighborhood conditions and enforcement of this chapter will create an unnecessary hardship.

c.

The proposed use will not alter the essential character of the area.

d.

The problem is not self-created.

e.

The spirit of this chapter will be observed, public safety secured, and substantial justice done if the variance is approved.

(2)

Non-use variances. In order to approve a variance in requirements of this chapter relating to the construction, structural changes, or alterations of a building or a structure related to dimensional requirements of this chapter, or to any non-use related standard in the chapter, other than permitted use of the land, the applicant must demonstrate practical difficulty. To demonstrate practical difficulty, the ZBA must find that all the following standards have been met:

a.

Strict enforcement of the provisions of this chapter would cause unnecessary hardship and deprive the owners of rights enjoyed by all other property owners within the same district.

b.

There are conditions and circumstances unique to the property, such as an exceptional narrowness, shallowness, shape or area or topographic conditions, which are not similarly applicable to other properties in the same zoning district.

c.

The conditions and circumstances unique to the property were not created by the owner or their predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.

d.

The requested variance will not confer special privilege that is denied other properties similarly situated and in the same zoning district.

e.

In addition to meeting the standards listed above, the requested variance will not be contrary to the spirit and intent of this chapter and will not be detrimental to the public good.

(Ord. No. 2025-01, 1-13-2025)

(a)

The ZBA shall have the power to interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter. In case of any question as to location of any boundary line between zoning districts, the ZBA shall interpret the zoning map, after recommendation from the city planning commission. In interpreting the location of district boundaries, the ZBA shall use the rules of interpretation identified in section 153.304. The ZBA shall also have the authority of interpreting whether or not a specific use is permitted within a specific zoning district. In carrying out this interpretation, the ZBA may not interpret a specific use as being included in a broader class of uses if that specific use is listed separately in other districts.

(b)

The authority to alter or change this chapter or the zoning map is reserved to the city council, as is provided in this chapter.

(Ord. No. 2025-01, 1-13-2025)

Each application for a variance, appeal or interpretation shall require the ZBA to hold a public hearing on the application. Notice of the hearing shall be consistent with section 153.1208 of this chapter and Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 2025-01, 1-13-2025)

(a)

The ZBA may place conditions on an affirmative decision. See section 153.1206(2).

(Ord. No. 2025-01, 1-13-2025)

(a)

No order of the ZBA permitting the erection or alteration of buildings or other site features 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 commenced and proceeds to completion in accordance with the terms of such permit and this chapter.

(b)

No order of the ZBA permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, such order shall continue in full force and effect if a building permit for such use, erection, or alteration is obtained within such period and such erections or alterations are commenced and proceed to completion in accordance with the terms of such permit.

(Ord. No. 2025-01, 1-13-2025)

The decision of the ZBA shall be final. Appeals from decisions of the ZBA shall be made as required by section 605 of Public Act No. 110 of 2006 (MCL 125.3605).

(Ord. No. 2025-01, 1-13-2025)

An applicant must wait one year from the date of a ZBA decision to re-submit an application, unless there has been a significant change in conditions as determined by the ZBA.

(Ord. No. 2025-01, 1-13-2025)

In order to ensure completion of improvements approved by the ZBA, the ZBA shall have the authority to require a performance guarantee as per the requirements of section 153.608.

(Ord. No. 2025-01, 1-13-2025)