The Zoning Board of Appeals is authorized by the provisions of the City and Village Zoning Act, being Act 207, P.A. 1921, State of Michigan which states that the City Council may act as a Zoning Board of Appeals or the City Council may appoint the Zoning Board of Appeals. The Board of Appeals shall be appointed in accordance with Section 5 of Act 207, P.A. 1921. Such Board of Appeals shall consist of not less than five (5) members and it may fix rules and regulations to govern its procedure.

The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirements, decision or determinations made by an administrative official charged with the enforcement of this Ordinance. The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, or to make any change in the terms of this code, nor to allow a use not otherwise permitted in a zoning district, but does have the power to act on those matters where this Ordinance provides for administrative review or interpretation and to authorize a variance after proper review and public hearing. Any decision of the Zoning Board of Appeals, after following correct and lawful procedure, shall be final after the Chairman of the Zoning Board of Appeals certifies its decision in writing or approves the minutes of its decision.

a.

Appeals. The Board shall hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or determination made by the administrative official or body charged with the enforcement of this Zoning Ordinance. The Zoning Board of Appeals shall not hear any appeal in the decision on a request for a special use.

b.

Interpretations. Upon application by a City official or person interested in a specific affected parcel of land, when other administrative appeals have been exhausted, the Board shall have the power to:

1.

Interpret this Zoning Code in such a way as to carry out its intent and purpose;

2.

Determine the precise location of a zoning district;

3.

Classify a use which is not specifically mentioned, determine the district within which the use is permitted and determine the necessary parking to support the use; and

4.

Interpret other ordinance standards.

c.

Variances. The Board shall have the power to authorize specific variances or departures from this Zoning Code, if all of the basic conditions are satisfied, and if there are practical difficulties in the way of carrying out the strict letter of this Zoning Code. A variance from the dimensional requirements of this Zoning Code may only be granted if it is determined that all basic conditions have been satisfied and that there is a practical difficulty in carrying out the requirement.

d.

Basic conditions. Any variance granted from this Zoning Code shall meet the following basic conditions:

1.

The spirit of this Zoning Code shall be observed, public safety secured and substantial justice done;

2.

There is no substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located;

3.

The difficulty or hardship relating to the property is not so general or recurrent in nature that the formulation of a general regulation for such conditions is preferable;

4.

The practical difficulties or unnecessary hardships are unique to the property under consideration and not to the general neighborhood, and shall apply only to property that is under the control of the applicant;

5.

It shall be necessary for the preservation of a substantial property right possessed by other properties in the same zoning district;

6.

The alleged hardship or difficulty is not solely economic, and is based on the reasonable use of a particular parcel of land; and

7.

It may be denied where the alleged practical difficulties resulted from an act of the applicant or associated party.

e.

Practical difficulties. In order to determine if there are practical difficulties which prevent carrying out the strict letter of this ordinance, a practical difficulty shall exist where there are exceptional or extraordinary circumstances or physical conditions, such as narrowness, shallowness, shape or topography of the property involved, that do not generally apply to other property or uses in the same zoning district.

The Board of Zoning Appeals shall follow such procedures as are established by statute, ordinance and resolution of the Board. These procedures shall include:

a.

Appeals Generally. For purposes of these rules of procedure, an appeal shall include all applications for appeals, interpretations, variances, exceptions and matters involving nonconforming uses.

b.

Initiating Appeals. Appeals shall be filed with the Zoning Administrator within thirty (30) days after written notice is given of the action being appealed. An appeal must be submitted at least twenty-eight (28) days before the Board meeting at which it will be considered.

c.

Filing Fees. The filing fee for appeals shall be established by resolution of the City Council.

d.

Notices and Advertisements. Notice and advertisement of an appeal will be given pursuant to the Michigan Zoning Enabling Act.

e.

Application Contents. In addition to all other requirements of statute and ordinance, applications shall be in a form determined by the Zoning Administrator and shall contain such information as the Zoning Administrator shall direct. Such applications shall also include the following:

1.

A site plan or site diagram reflecting accurate dimensions of the property, the location of structures on the property and the location of buildings on adjacent properties. If requested by the Board or the Zoning Administrator, such drawing shall be a survey performed by a registered land surveyor;

2.

The name, address and telephone number of the applicant and all authorized agents of the applicant;

3.

The application must be signed by the owner or someone acting upon written consent of the owner, which written consent must be submitted with the application; and

4.

All known previous appeals involving the property noted on the application as to the subject, date and outcome of the appeal.

f.

Reconsideration. An applicant may re-appeal a decision after twelve (12) months from the decision of the Board. The Board will not reconsider any appeal within twelve (12) months from the date of the decision unless circumstances have substantially changed, that were unknown to the board. The substantial change in circumstances shall be described, in writing, by the applicant at the time of the application. Before rehearing the matter, the Board shall decide whether there is a substantial change in circumstances allowing the rehearing.