A)

Creation. The Zoning Board of Appeals performs its duties and exercises its powers as provided in the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.

B)

Membership. The Legislative Body of the City shall act as a Board of Appeals on zoning, which in addition to the general duties and powers conferred upon it by law, may, in specific cases and subject to appropriate conditions and safeguards, vary or modify the application of the regulations herein established in harmony with their general purpose and intent of this appendix.

C)

Officers. The Mayor is the Chairperson of the Zoning Board of Appeals. The Mayor Pro-Tem is the Vice Chairperson. The City Clerk shall be the Secretary.

D)

Differentiation with City Council. Although the members of the Legislative Body of the City shall act as the Zoning Board of Appeals, both bodies shall remain distinct, with decision making powers of either body limited to those permitted of that body convened at any of its meetings. In the event the structure of the Zoning Board of Appeals is modified, such modification shall not affect the remainder of this article, which shall continue to be effective.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

The Zoning Board of Appeals has the following jurisdiction and powers:

A)

Appeal of administrative decision. To hear and decide appeals from any order, requirement, decision, or determination made by the Director of Public Services or any other administrative official in carrying out or enforcing any provision of this appendix. The Board may reverse or affirm wholly or partly, or may modify such order, requirement, decision, or determination, and to that end, has the power to direct the issuance of a permit.

B)

Appeal of a Planning Commission decision. To appeal a decision of the Planning Commission if a written appeal is filed within 30 days after the Planning Commission's decision.

C)

Interpretation. To act upon all questions as they may arise in the administration and enforcement of this appendix, including interpretation of the zoning map, the location of district boundaries on the zoning map, and appendix text provisions.

D)

Variances. To authorize, upon appeal, non-use (dimensional) variances from the strict application of the provisions of this appendix where there are practical difficulties or unnecessary hardship in the way of carrying out such strict application. The Board has the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of this appendix is observed, public safety secured, and substantial justice is done. The Board does not have the authority to make changes to this appendix. Nor does the Zoning Board of Appeals authorize use variances.

E)

Special exception. A special exception is not considered as a variance. However, the same procedural public hearing process follows with a special exception request.

F)

Variance required due to condemnation by public authority. A variance may be applied for and granted under section 4 of the Uniform Condemnation Procedures Act, Public Act No. 87 of 1980 (MCL 213.54). Such a variance shall not be a use variance.

G)

Limitations on authority. Nothing herein contained shall be construed to give or grant to the board the power or authority to alter or change the zoning appendix or the zoning map, such power and authority being reserved to the City Council in the manner provided by law. The approval or denial of special uses, rezonings, conditional rezonings and planned unit developments may not be appealed to the Zoning Board of Appeals.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

All meetings of the Board are held at the call of the Chairperson and at such other times as a quorum of the Board may determine. In the absence of the Chairperson, the Vice-Chairperson may administer meetings.

B)

The Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Zoning Board of Appeals are present.

C)

All hearings are open to the public. The city must keep minutes of the Board's proceedings, showing the vote of each member in question, or if absent, or failing to vote, indicating such fact.

D)

The Board has the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and require the production of books, papers, files, and other evidence pertinent to the matters before it.

E)

The Board may fix rules and regulations governing its procedures as it deems necessary.

F)

A majority vote of those present and voting is required for a motion of approval or denial, in addition to reversing an order or decision.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Appeal of Administrative Decision. An appeal to an administrative decision should be approved if the ZBA finds that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the zoning appendix.

B)

Interpretation. The ZBA must make interpretations to the zoning code and map in such a way as to preserve and promote the character of the zoning district in question and carry out the intents and purposes of the zoning appendix and master plan.

C)

Variances.

1)

Dimensional variances. To authorize a non-use or dimensional variances from the strict applications of the provisions of this zoning appendix, each of the following criteria must be met:

a)

There are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning classification. Exceptional or extraordinary circumstances or conditions include:

(1)

Exceptional narrowness, shallowness or shape of a specific property on the effective date of this Zoning Code, or amendment thereto.

(2)

Exceptional topographic conditions.

(3)

Any other physical situation on the land, building or structure deemed by the Zoning Board of Appeals to be extraordinary.

(4)

By reason of the use or development of the property immediately adjoining the property in question.

b)

Such a variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity (possible increased financial return is not of itself sufficient to warrant a variance).

c)

Authorization of a variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this zoning appendix or the public health, safety, and general welfare of the community.

d)

The granting of such a variance will not adversely affect the purposes or objectives of this article or the Grosse Pointe Park master plan.

e)

The need for the variance or conditions which substantiate granting the variance are not self created.

2)

Use variance. No variance can be made in the use of land, and ZBA cannot consider use variance requests.

D)

Exception. The granting of a variance for minimum lot size (square feet) and lot width (feet) is not required when the subject lot is a lot of record, and the Board has determined the property to be a buildable zoning lot.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Application. The appellant shall file an application with the Department of Public Services. A fee in the amount set by resolution of the City Council shall be paid.

B)

Required information. An application for an appeal shall specify the grounds for the appeal by submitting the required information specified on the application form. Submittal information includes, but is not limited to:

1)

The plot plan or site plan for a project that was used to determine the need for a variance.

2)

The specific section from which a variance is being sought, an interpretation is being requested or is the subject of an administrative review.

3)

For dimensional variances, a signed and sealed survey prepared by a licensed professional surveyor shall be submitted that clearly illustrates the existing conditions, proposed improvements, dimensioned location of required setback or standard, the dimensioned location of existing/proposed improvement and the needed variance.

C)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action unless the Director of Public Services certifies to the Zoning Board of Appeals, after notice of appeal is filed that a stay would, in the opinion of the Director of Public Services, cause imminent peril to life or property. In such a case, the proceedings shall not be stayed other than by a restraining order which may be granted by the circuit court.

D)

Public hearing required. Following receipt of a written request to appear before the Zoning Board of Appeals, the Director of Public Services shall fix a reasonable time for a public hearing and give required notice.

E)

Representation. At the hearing, the applicant shall appear in person or may be represented by agent or attorney.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

ZBA decision and appeal of determination. The decision of the Zoning Board of Appeals shall be final.

1)

Approval with conditions.

a)

The Board may impose reasonable conditions in conjunction with the approval of a variance. The conditions may include conditions necessary to ensure that public services and facilities are adequate, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land, in a socially and economically desirable manner. Conditions imposed shall meet the requirements of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.

b)

Conditions must be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the Board and the landowner.

2)

Denial. A party aggrieved by the decision of the board may appeal that decision to the county circuit court as provided in Sections 605 and 606 of the Zoning Enabling Act (PA 110 of 2006), as amended.

B)

Effective approval period. No order of the Zoning Board of Appeals permitting the erection or alteration of a building 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 started and proceeds to completion in accordance with the terms of such permit. The Zoning Board of Appeals may grant an extension of the approval, provided that the applicant demonstrates that construction has been delayed for reasons beyond their control, and that construction is likely to commence within a timeframe deemed reasonable by the Zoning Board of Appeals. The Zoning Board of Appeals shall be under no obligation to grant any extension. Any determination by the Zoning Board of Appeals on an administrative appeal or interpretation shall take immediate effect.

C)

Resubmittal. No request or appeal which the Zoning Board of Appeals has denied wholly or in part may be resubmitted to or reheard by the Zoning Board of Appeals for a period of one year following the effective date of the decision by the Zoning Board of Appeals, except where the Zoning Board of Appeals determines there is valid new evidence that was unavailable to the applicant at the time of the prior hearing or a substantial change in circumstances. Applications for a rehearing shall be in writing and shall be subject to the same rules and requirements as an original request.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)