It is hereby established that the city council shall act as a zoning board of appeals, which shall perform its duties and exercise its powers as provided in Section 601 of P.A. 110 of 2006 (MCL 125.3601 et seq.), as amended, in such a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done.

(Code 1980, § 5.191; Ord. No. 370, § VI, 10-16-06)

The chairman and vice-chairman of the zoning board of appeals shall be elected annually by the members of the board.

(Code 1980, § 5.192; Ord. No. 370, § VII, 10-16-06)

All meetings of the zoning board of appeals shall be held at the call of the chairman or, in his absence, the vice-chairman, and at such times as the board may determine. 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 on each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its findings, proceedings at hearings and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(Code 1980, § 5.193; Ord. No. 370, § VIII, 10-16-06)

(a)

An appeal may be taken to the zoning board of appeals by any person or by any officer, board, department, or bureau affected by a decision of the building inspector. Such appeals shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the board, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.

(c)

The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(Code 1980, § 5.194; Ord. No. 370, § IX, 10-16-06)

A fee shall be paid to the city treasurer at the time the notice of appeal is filed, unless payment of fees is waived by the general rule adopted by the zoning board of appeals. The amount of the fee shall be established by the city council from time to time and shall cover the administrative cost of processing the application.

(Ord. No. 273 § 1(5.195), 12-16-91; Ord. No. 370, § X, 10-16-06)

The zoning board of appeals, as created in the article, is a body of limited powers. The board shall have the following specific powers and duties:

(1)

Purpose. To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter, and to hear and decide appeals where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.

(2)

Authorization. In hearing and deciding appeals, the board shall have the authority to grant such variances from this chapter as may be in harmony with its general purpose and intent, so that the function of this chapter be observed, public safety and welfare secured, and substantial justice done, including the following:

a.

Interpretation of zoning district boundaries. Interpret the provisions of the chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid. In cases of any question as to the locations of any boundary line between zoning districts, the board shall interpret the zoning map.

b.

Height, yard spaces and area requirements. Permit such modification of the height, yard space and area requirements as may be necessary to secure appropriate improvement of a lot which is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification.

c.

Additions to buildings. Permit modifications of zoning requirements for additions or enlargements to existing buildings provided that all requirements for the particular use in the zoning district where such use is first permitted cannot be met without extreme physical hardship owing to the shape of the lot, adjacent land uses or topography.

d.

Off-street parking and loading requirements. Permit the modification of the off-street automobile parking space or loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements.

e.

Off-street parking lot development requirements. Permit a variation, modification or exception in the required regulations, specified in section 90-159, if, after investigation by the board, it is found that such variation, modification or exception is necessary because of peculiar existing conditions and that such variation, modification or exception will not be inconsistent with the purpose and spirit of this chapter.

f.

Greenbelt and wall screening requirements. Permit the modification or waiver of greenbelt and/or wall screening requirements as specified in section 90-39 where such screening would serve no good purpose, where other methods of screening would be suitable, or where it is necessary to provide entrances to and exits from required off-street parking and loading areas.

g.

Temporary buildings. Permit temporary buildings and uses for periods not to exceed six months.

h.

Public utilities. Permit the erection and use of a building, or an addition to an existing building, of a public service corporation to be used for public utility purposes, in any permitted district to a greater height or of larger area than the district requirements established in this chapter, and permit the location in any use district of a public utility building structure, or use, provided the board of zoning appeals shall find such use, height, area, building or structure reasonably necessary for the public convenience and service, and provided further, that such building, structure, or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such a district.

i.

Community garage. Permit a community garage in any district or a public garage in an R-T district provided that any such garage shall not be located within 50 feet of any street lot line, and provided further that no such use shall be permitted unless there are on file with the board the written consents of the owners of 80 percent by frontage of all lots lying within 150 feet of any point on the lot for which such use is proposed. Any lot which lies more than 50 percent by area within such radius shall be deemed to lie wholly within for the purpose of computing the frontage specified in this section. In computing the percentage of consents required under this provision, the frontage of lots already used for public garages shall be counted as consenting.

j.

Performance bonds. Establish performance bonds to insure compliance of any requirement which may be deemed necessary for approving any variance. (See section 90-73.)

k.

Generally. Where there are practical difficulties or unnecessary hardships in complying with the provisions of this chapter, the board of zoning appeals may in specific cases adjust any such condition in harmony with the general purpose and intent of this chapter so that the public health, safety and general welfare may be secured and substantial justice done.

(3)

Application. The concurring vote of two-thirds of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector in favor of the applicant on any matter upon which it is authorized by this chapter to render a decision. The power or authority to alter or change this chapter or the zoning map is reserved to the city council in the manner provided by law.

(4)

Standards. In consideration of all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variations involve exceptional circumstances not found in other areas of the same district; will not in any other respect impair the public health, safety, comfort, or welfare of the inhabitants of the city; and in addition meets the following general standards:

a.

The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

b.

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child vehicle contacts in residential districts.

c.

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

d.

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(5)

Conditions. The zoning board of appeals, in acting on any appeal in connection with a request or waiver may attach any conditions to it's approval which it finds necessary to accomplish the reasonable application of the foregoing standards.

In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building inspector from whom the appeal is taken.

(Code 1980, § 5.196; Ord. No. 370, §§ XI, XII, 10-16-06)

The zoning board of appeals in conducting any public hearing shall comply with the noticing requirements outlined in section 90-77 herein.

(Code 1980, § 5.197; Ord. No. 370, § XIII, 10-16-06)

No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than three months unless such use is established within such period; provided, however, that where the use permitted is dependent upon the erection or alteration of a building, the order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period, and the erection or alteration is started and proceeds to completion in accordance with the permit within 12 months after the order of the board. The board may, upon application in writing stating the reasons therefor, extend either the three-month or 12-month period for an additional three-month period.

(Code 1980, § 5.198; Ord. No. 370, § XIV, 10-16-06)

The decision of the zoning board of appeals shall be final. However, a person having an interest affected by the decision may appeal to the Circuit Court within 30 days.

(Ord. No. 370, § XV, 10-16-06)