There shall be a zoning board of appeals appointed by the city council or consisting of the city council as follows:

Appointed zoning board of appeals: The city council shall appoint three regular and up to two alternate members pursuant to the provisions of the Michigan Zoning Enabling Act. For an appointed zoning board of appeals; the regular members of the zoning board of appeals and any alternates shall be selected from the electors of the City of Galesburg. One regular member or alternate member of the appointed zoning board of appeals may, but is not required to be a member of the city council. Such a member shall not serve as chairperson of the appointed zoning board of appeals. A member of the city planning commission may, but is not required to be, a member of the appointed zoning board of appeals. The terms of office for an appointed member of the zoning board of appeals shall be three years, except for a member serving because of his or her membership on the city council or planning commission, whose term shall be limited to the time he or she is a member of that body. When members are first appointed under this section, appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired.

City council serving as zoning board of appeals: It is recognized that the need for a zoning board of appeals due to applications for variance, interpretation and the appeals from the decision of the zoning administrator as provided in this article in the City of Galesburg is a rare occurrence and that it can be difficult to find electors of the city who wish to serve on the appointed zoning board of appeals if they may not be needed. The city council, after each election at which the mayor is elected, will make every effort to appoint an "appointed zoning board of appeals" as provided in the paragraph above; however, if the city council is unable to appoint electors of the city to an appointed zoning board of appeals, the city council as a whole will sit as the zoning board of appeals, at least until the next election at which the mayor is elected. No members of the city council shall be deemed to be "alternates" and all shall have an equal vote.

No employees. An employee or contractor of the City of Galesburg may not serve as a member of the zoning board of appeals.

(Ord. No. 227, § 5.21, 9-4-2001; Ord. No. 285, § 1, 3-7-2022)

The authority of the board of appeals shall be as follows:

(1)

To hear and decide upon requests for the interpretation of the provisions of this chapter, including the power to review, upon request, any order or decision of the zoning officer or any other order or decision issued pursuant to this chapter.

(2)

To grant variances pursuant to the statutory authority of the above statute to wit: where there is practical difficulty or unnecessary hardship in carrying out the strict letter of this chapter, and request is made to vary such provisions so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.

(3)

To hear and decide petitions for special exceptions, conditional uses, or temporary uses. Before authorizing any use, the board shall determine in addition to the other provisions of this chapter, whether the proposed use would be unduly hazardous, harmful or a nuisance to the surrounding neighborhood by reason of noise, atmospheric pollution, vibration, glare, fire potential, parking, traffic, aesthetic effect, devaluation of property values or psychological effects. The board may impose such additional requirements and conditions necessary to preserve the intent of this chapter.

(4)

If a variance is granted or if other decisions are made authorizing the applicant to proceed pursuant to his request, the necessary permit therefor shall be secured and the authorized action begun within three months after the date of order of the board, and the structure or alteration shall be completed within 12 months of said date. The board may, upon petition stating the reasons therefor, extend either the three or the 12-month period, but only if said petition shall state facts indicating that it is impossible to perform the work permitted. Should the petitioner fail to obtain the necessary permit or fail to complete the work within the 12-month period then the variance, special exception, conditional use or temporary use shall be immediately terminated and petitioner shall take no further action thereon.

(5)

No application for a variance or special exception, conditional use or temporary use which has been denied wholly or in part by the board shall be resubmitted for a period of one year from the date of the order denying, except on grounds of newly discovered evidence or proof of the changed conditions found upon inspection by the board to be valid.

(Ord. No. 227, § 5.22, 9-4-2001)

The board shall not schedule a public hearing on a variance for a period of 30 days after receipt of the request. The board shall notify the planning commission of the appeal and request a study and report. No decisions shall be made by the board until the report of the planning commission is received, provided such report shall be made within 30 days of the next regularly schedule planning commission meeting.

(Ord. No. 227, § 5.23, 9-4-2001)

Appeals to the board may be taken by any party aggrieved by a decision or order of the zoning officer or by any officer or agency of the municipality affected by such decision or order.

(1)

Requests for variances, appeals or special exceptions may be made by submitting an application (or letter) to the municipal clerk, together with the proper fee. (See section 82-39.)

(2)

A site plan, plot plan or development plan of the total property involved, showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their uses, shall be submitted with each request for a variance, appeal or special exception.

(Ord. No. 227, § 5.24, 9-4-2001)

When an application for hearing or appeal has been filed with the required data, in proper form and the fee paid, the secretary of the board shall immediately place the said application or appeal upon the calendar for hearing and cause notices stating the time, place and object of the hearing to be served. Such notices shall be served personally or by mail at least 72 hours, exclusive of Sundays, prior to the day of such hearing upon the applicant or the appellant and building inspector, or other administrative body from which such appeal is taken. A like notice shall be sent at least 72 hours, exclusive of Sundays, prior to the hearing to all occupants of property within a 300-foot radius of the premises involved, and to all owners of property as shown by the city treasurer's office within 300 feet of the premises involved by regular U.S. mail, postage prepaid with proof of posting, addressed to the last known address of such occupants and property owners as shown by said records. Any interested party may appear and be heard at such hearing in person or by agent or attorney. Upon the date for hearing any application or appeal, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notices it deems proper to be served. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the resumption of said hearing unless the board so decides.

(Ord. No. 227, § 5.25, 9-4-2001)

(a)

The amount of the fee shall be determined by the city council by resolution for any applications, hearings, permits or other action of any officer, council or board under this chapter and these fees shall be substantially commensurate with the cost and expense involved therein.

(b)

The required fees for a hearing before the appeals board are a part of the cost of any building permit and are in addition to other building permit fees. Said fee, where required, shall be paid to the city clerk before any action shall be taken on said petition. Monies so received shall be retained whether the requested relief is granted or not, and shall be used as provided by law. Fees may be changed by the city council at any regular meeting, which change shall be effective 30 days from the date of adoption of such change.

(Ord. No. 227, § 5.26, 9-4-2001)

The board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating such fact, and shall keep records of its proceedings and other official actions, all of which shall be filed promptly in the office of the city clerk and shall be a public record. The record need not be a verbatim transcript of the proceedings, but may state the substance thereof, with the exception that the record shall set out verbatim the decision of the board.

(Ord. No. 227, § 5.27, 9-4-2001)

The final disposition of any matter of the board's proceedings shall require the concurring vote of not less than a majority of its members present at the meeting.

(Ord. No. 227, § 5.28, 9-4-2001)

(a)

All decisions of the board shall be reflected in the approval of the minutes from that hearing or meeting, indicating the substance leading to such discretionary decision.

(b)

The board shall render its decision within 30 days after the hearing thereon and shall within 24 hours thereafter forward a copy thereof to the petitioner unless the petitioner or his/her agent was present at the meeting in which the decision was made.

(Ord. No. 227, § 5.29, 9-4-2001)