(a)   The Zoning Board of Appeals shall consist of five members: one member of the City Council, one member of the Planning Commission, and three citizens of the City appointed by the City Council.

   (b)   Term of Office.

      (1)   Members from the City Council and Planning Commission shall serve terms concurrent with their terms on the City Council and Planning Commission.

      (2)   The three citizen members shall serve for three year terms.

      (3)   Should a vacancy occur, a successor shall be appointed as soon as possible. All vacancies or unexpired terms shall be filled for the remainder of the term of the member being succeeded.

   (c)   The Board of Appeals as presently constituted shall continue for the terms established.

   (d)   The City Council may appoint two alternate members for three year terms. An alternate member may serve as a regular member in the absence of a regular member or if a regular member has abstained for reasons of conflict of interest. The alternate member shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member. The alternate member shall serve at the call of the Zoning Administrator.

(Ord. 182. Passed 5-12-98.)

   (a)   Subject to the provisions of this chapter, the Board of Appeals, after public hearing, shall have the jurisdiction to decide applications for a variance filed as provided.

      (1)   Where it is alleged by the appellant that there is an error in any order, requirement, permit, interpretation, decision, or refusal made by the Zoning Administrator or any other official or agency in enforcing the provisions of this Zoning Code. The Board of Appeals may reverse, affirm, wholly or in part, or may modify the order, requirement, permit, interpretation, decision, or refusal as in its opinion ought to be done, and to that end shall have the powers of the administrative official from whom the appeal was taken.

      (2)   Where by reason of the shape, topographical condition, extraordinary situation, or condition of the land, structure, use, or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this Zoning Code would involve practical difficulties or would cause undue hardships.

   (b)   The Board of Appeals shall interpret zoning district boundaries.

   (c)   The Board of Appeals shall consider and decide upon applications for expansion of non-conforming buildings and structures.

   (d)   The Board of Appeals shall hear and decide any other matter referred to it by this Zoning Code or any other City ordinance.

(Ord. 182. Passed 5-12-98.)

   (a)   The Board of Appeals shall adopt rules and regulations to govern its procedures and shall determine a chair and vice-chair. Neither the City Council nor Planning Commission member shall serve as chair.

   (b)   Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the City and shall be sent to the person requesting the interpretation not less than fifteen days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing on the interpretation request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

   (c)   The concurring votes of a majority of the members (three out of five) shall be necessary to revise any order, requirements, decision, or interpretation of the Zoning Administrator or any other City official or agency, or to decide in favor of an applicant on any matter upon which they are required to pass, or to effect any variation of the Zoning Code.

   (d)   All meetings and records shall be open to the public. A verbatim record of any public hearing shall be kept for no less than thirty days following the hearing. All minutes shall be filed in the office of the City Clerk and shall be made available to interested parties upon request.

(Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   (a)   Appeals by any person or agency aggrieved shall be made by filing a notice of appeal with the Zoning Administrator on a form provided for that purpose.

   (b)   A fee, the amount of which shall be set by the City Council from time to time, shall be paid at the time of the filing of the appeal.

   (c)   The filing of an appeal stays all proceedings in furtherance of the action from which appealed, unless the Zoning Administrator certifies to the Board of Appeals that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause an imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Circuit Court on application, on notice to the Zoning Administrator and on due cause shown.

(Ord. 182. Passed 5-12-98.)

   (a)   The Zoning Administrator shall fix a reasonable time and date for a public hearing, not to exceed forty-five days from the date of the filing.

   (b)   On behalf of the Board of Appeals, the Clerk shall give due notice of the hearing by regular mail to the applicant and to property owners within 300 feet of the subject property as shown in the most recent assessment roll. Hearings shall also be noticed in a newspaper of general circulation.

   (c)   All notices of a hearing shall be mailed and published not more than ten days nor less than five days prior to the date on which the hearing is to be held.

(Ord. 182. Passed 5-12-98.)

   (a)   The Board of Appeals shall have the power to authorize variances from the provisions of this Zoning Code.

   (b)   A variance shall not be granted by the Board of Appeals unless evidence is submitted demonstrating that both of the following basic conditions are met:

      (1)   Shall not be contrary to the public interest or to the intent and general purpose of this Zoning Code.

      (2)   Shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the zoning district in which the subject parcel is located.

   (c)   When both of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be met:

      (1)   Where there are practical difficulties which prevent carrying out the strict letter of this Zoning Code. These difficulties shall not be deemed solely economic, but shall be evaluated in terms of the use of a particular parcel of land.

      (2)   Where absent a variance, a significant natural feature would be negatively affected or destroyed.

      (3)   Where absent a variance, public health, safety, and welfare would be negatively affected.

      (4)   Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

   (d)   A non-conforming use of land, structure, or building shall not solely constitute grounds for the issuance of a variance.

   (e)   The Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Board of Appeals may authorize a lesser variance than that requested by the applicant.

   (f)   In granting any variance or any other ruling the Board of Appeals may prescribe reasonable conditions and safeguards necessary to meet the spirit and intent of this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code.

(Ord. 182. Passed 5-12-98.)

   An application of a land use variance to permit a use not otherwise permitted in that zoning district may be considered by the Zoning Board of Appeals but only according to the following procedures.

   (a)   Such application shall be made to the City Clerk and an application fee paid in accordance with the fee schedule established by the City Council.

   (b)   The City Clerk shall forward the application materials to the Planning Commission for consideration at it's next regularly scheduled meeting. The Planning Commission shall review the request with attention to the recommendations of the Hart Master Plan for the property in question. The Planning Commission shall then make a recommendation to the Zoning Board of Appeals.

   (c)   The variance request shall then be considered by the Board of Appeals in accordance with the hearing procedures set forth in this chapter.

   (d)   In order to approve a use variance request, the Board of Appeals shall determine that an unnecessary hardship exists and that the variance request meets all of the following conditions. The Board of Appeals must ensure that the spirit of the Zoning Code is observed, public safety secured, and substantial justice done.

      (1)   The property could not be used or be put to a reasonable use for the purposes permitted in that zone.

      (2)   The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

      (3)   The use would not alter the essential character of the area.

      (4)   The problem is not self-created.

   (e)   In granting a use variance, the Board of Appeals may prescribe reasonable conditions and safeguards necessary to meet the spirit and intent of this Zoning Code.

   (f)   A two-thirds vote of the membership of the Zoning Board of Appeals is necessary to approve a use variance.

(Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   (a)   A verbatim record shall be made of the entire hearing. Minutes shall be kept of each meeting by the City Clerk or appointed agent. The Board of Appeals shall record into the minutes all relevant findings, conditions, facts, and other relevant factors, including the vote of each member upon each question, or if absent, or failing to vote, and all of its official actions.

   (b)   The Board of Appeals shall prepare an official record for all appeals and shall base its decision on the record. The official record shall, at a minimum, include the following:

      (1)   The relevant administrative records and orders issued relating to the appeal.

      (2)   The notice of the appeal.

      (3)   Such documents, exhibits, photographs, or written reports as may be submitted to the Board of Appeals for its consideration.

      (4)   The findings of the Board of Appeals shall state the facts of the appeal, the decision, any conditions of the decisions, and the reasons for reaching such a decision, including compliance with the standards of Section 1261.06.

   (c)   The Board of Appeals shall decide upon all matters within a reasonable time, not to exceed thirty days from the closing of the public hearing. The time limit may be extended by written agreement between the applicant and the Board of Appeals.

   (d)   Decisions and orders of the Board of Appeals shall become effective five days after the decision is reached, unless the Board shall find immediate effect is necessary to preserve a substantial property right and shall so certify in the record.

   (e)   If the Board of Appeals determines that a particular variance request occurs so often as to necessitate an amendment to the Zoning Ordinances, the Board shall so advise the City Council.

(Ord. 182. Passed 5-12-98.)

   (a)   Each variance granted under the provisions of this Zoning Code shall terminate unless the construction, occupancy, or other actions authorized by such variances have commenced within one year of the granting of such variances.

   (b)   Upon written application filed with the City Clerk prior to the termination of the one year time period, the Board of Appeals may authorize a single extension of the time limit for an additional period of not more than one year upon the finding by the Board of Appeals that the project has a reasonable expectation of being continued to construction.

(Ord. 182. Passed 5-12-98.)

   No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted within one year from the date of the original filing of an application for the variance, except on grounds of new evidence or proof of changed conditions relating to the reasons for the denial of the original appeal found by the Board of Appeals to be valid.

(Ord. 182. Passed 5-12-98.)

   The decision of the Board of Appeals shall be final. Appeals from decisions of the Board of Appeals shall be to the Circuit Court of Oceana County, as provided by law.

(Ord. 182. Passed 5-12-98.)