A Zoning Board of Appeals is hereby established, in accordance with the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, as amended (MCL 125.3601 et seq.), and in such a way that the objectives of this Zoning Ordinance shall be observed, public health, safety and welfare secured, and substantial justice done. The Zoning Board of Appeals is established to ensure that the objectives of this Ordinance may be more fully and equitably achieved, that a means be provided for competent interpretation of this Ordinance, and that reasonable relief be provided in the application of this Ordinance.

(Ord. No. 600, § 1, 1-8-2018)

A.

The Zoning Board of Appeals shall consist of seven (7) members who shall be appointed by the City Commission. Prior to January 1 in each year, one, two or three members, as the case may be, shall be appointed for a term of three years.

B.

The City Commission may appoint two (2) alternate members for the same term as regular members of the Zoning Board of Appeals. An alternate member may be called on a rotating basis to serve as a regular member in the absence of the regular member or in the place of the regular member on an appeal in which the regular member abstains for conflict of interest. Once serving, an alternate member shall continue to serve until a final decision on the appeal has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.

C.

Each member and alternate member of the Zoning Board of Appeals shall serve until that member's successor is appointed and qualifies. Members and alternate members of the board shall serve without compensation. The board shall elect a chairman and vice-chairman.

D.

Removal. Members of the Zoning Board of Appeals may be removed by the City Commission for misfeasance, malfeasance or non-feasance in office upon written charges and after a due process hearing. A member shall disclose when there is or may be a conflict of interest prior to the matter being considered by the Zoning Board or Appeals. Failure of a member to disclose that there is or may be a conflict of interest to allow the Board to disqualify that member from a vote may constitute malfeasance in office.

(Ord. No. 600, § 1, 1-8-2018)

A.

Rules. The Zoning Board of Appeals shall adopt rules of procedures to govern its procedures. The Zoning Board of Appeals shall elect a Chairperson, and Vice-Chairperson from its membership in accordance with adopted rules of procedure.

B.

Votes. A concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary for any decision related to administrative review, interpretation and variances. A current member of the Zoning Board of Appeals who is also a current member of the Planning Commission shall not participate in a public hearing or vote on the same matter that the member voted on as a member of the Planning Commission.

C.

Representation. Any applicant may appear on their own behalf at a hearing or may be represented by an agent or attorney.

D.

Time Limit. The Zoning Board of Appeals shall hear and decide upon all matters properly before it within a reasonable time. The decision of the Zoning Board of Appeals shall be in the form of a resolution containing a full record of its findings and determinations in each case.

E.

Record of Proceedings. Meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Board in its rules and regulations might specify. The Zoning Board of Appeals shall not conduct business unless a majority of the members of the Board are present. The Board shall maintain a record of its proceedings, and all its official actions. The vote of each member upon a question, or a member's absence or abstention, shall be recorded into the minutes of the meeting, which shall be filed in the office of the City Clerk.

F.

Meetings.

(1)

Meetings of the board shall be held monthly when there are pending appeals and at such other times as the board shall determine. There shall be a fixed time and place of meeting and all meetings shall be open to the public. The board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the board and the vote of each member upon each appeal considered. The presence of at least four (4) members shall be necessary to constitute a quorum.

(2)

A fee shall be charged for all petitions and appeals to the Zoning Board of Appeals, the amount of which shall be prescribed by the City Commission by resolution.

(Ord. No. 600, § 1, 1-8-2018)

A.

General. The Zoning Board of Appeals has the power to act on matters as provided in this Ordinance and the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, as amended (MCL 125.3601 et seq.). The specific powers of the Board are enumerated in the following Sections of this Article.

B.

Delegated Duties. The Zoning Board of Appeals shall hear and decide upon the following:

(1)

Appeals of administrative decisions.

(2)

Requests for interpretation of the Zoning Ordinance or Zoning Map.

(3)

Requests for dimensional and other non-use variances.

(4)

All matters upon which it is required to pass under this Ordinance.

(5)

Use Variances as set forth in Section 12.04.G.

C.

Appeals—Appeals of Administrative Decisions. The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official or body in the enforcement of this Ordinance.

(1)

Appeals shall be filed in writing within thirty (30) days of the written decision in question with the Zoning Administrator. The appellant must have a property interest and standing to be recognized under the law to challenge the decision. The appellant shall submit a clear description of the order, requirement, decision, or determination for which the appeal is made and the grounds of the appeal. The applicant may be required by the Zoning Board of Appeals to submit additional information to clarify the appeal.

(2)

Appeals may be taken by the person aggrieved or by any officer, department, board, agency, or bureau of the City or State governments. In addition, a variance in the Zoning Ordinance may be applied for and granted under Section 4 of the Uniform Condemnation Procedures Act, 1980 PA 87, MCL 213.54.

(3)

An appeal stays all proceedings in the furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken, and on due cause shown.

(4)

An administrative decision may be reversed, in whole or in part, or may be modified. To that end, the Zoning Board of Appeals shall have all the powers of the Zoning Administrator from whom the appeal is taken. In reaching its decision, the Zoning Board of Appeals shall only modify or reverse an administrative decision being appealed if one (1) or more of the following requirements are met:

(a)

The administrative decision was arbitrary or capricious;

(b)

The administrative decision was based on an erroneous finding of material fact;

(c)

The administrative decision constituted an abuse of discretion; or

(d)

The administrative decision was based on erroneous interpretation of the Zoning Ordinance or zoning law.

D.

Interpretation.

(1)

The Zoning Board of Appeals shall hear and decide requests for interpretation of this Ordinance or the Zoning Map, taking into consideration the intent and purpose of the Ordinance and the Master Plan. In an interpretation of the Zoning Map, the Zoning Board of Appeals shall be governed by the Rules of Interpretation and Interpretation of District Boundaries. The Zoning Board of Appeals shall not have the power to alter or change zoning district boundaries, except where uncertainty exists as to the location of a boundary, land use classifications of any property, or Zoning Ordinance text.

(2)

A record shall be kept by the Zoning Board of Appeals of all decisions for interpretation of this Ordinance or Zoning Map. The Zoning Board of Appeals may request the Planning Commission to initiate an Ordinance amendment that shall correct or clarify the Ordinance.

E.

Dimensional and Other Non-Use Variances.

(1)

Where a literal enforcement of the provisions of this ordinance would involve practical difficulties within the meaning of this Article and existing law, the Zoning Board of Appeals shall have the power to authorize such variation of the provisions of this Ordinance with such conditions and safeguards as it may determine as may be in harmony with the spirit of this Article and so that public safety and welfare be secured, and substantial justice done.

(2)

Dimensional or other non-use variances shall not be granted by the Zoning Board of Appeals unless it can be determined that all of the following facts and conditions exist:

(a)

Exceptional characteristics of property for which the variance is sought make compliance with dimensional requirements substantially more difficult than would be the case for the great majority of properties in the same zoning district. Characteristics of property which shall be considered including, but not limited to, exceptional narrowness, shallowness, smallness, irregular shape, topography, vegetation and other similar characteristics.

(b)

The characteristics which make compliance with dimensional requirements difficult must be related to the property for which the variance is sought, not some other location.

(c)

The characteristics which make compliance with the dimensional requirements shall not be of a personal nature.

(d)

The characteristics which make compliance with dimensional requirements difficult must not have been created by the current or a previous owner.

(e)

The proposed variance will not be harmful or alter the essential character of the area in which the property is located, will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property value within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City.

(3)

The Zoning Board of Appeals shall not find that any of the above criteria have been met without substantial evidence provided by the applicant to that effect.

(4)

The proposed variance will be the minimum necessary, and no variance shall be granted where a different solution not requiring a variance would be possible.

F.

Special Variations. In addition to the general powers given in Section 40-12.04.B, the Zoning Board of Appeals shall have the authority in specific cases, after public notice and hearing, to authorize, by permit, a variation from the use, height and area district regulations herein established in harmony with their general purpose and intent as follows:

(1)

The erection and use of a building, or an addition to an existing building of a public service corporation and for public utility purposes, in any location to a greater height or larger area than the district requirements herein established, which the board shall find reasonably necessary for the public convenience.

(2)

The reconstruction, within a period not to exceed 12 months, of a building location in a district restricted against its use which has been destroyed by fire or other calamity, to the extent of not more than 75 percent of its assessed valuation.

G.

Use Variance. A use variance may be allowed by the Zoning Board of Appeals only in cases where there is reasonable evidence of unnecessary hardship in the official record of the hearing, and that all of the following conditions are met:

(1)

The applicant has demonstrated that the site cannot reasonably be used for any of the uses allowed within the current zoning district designation. The Zoning Board of Appeals may require submission of documentation from professionals or certified experts to substantiate this finding.

(2)

That the condition or situation of the specific parcel of property or the intended use of such property for which the variance is sought is unique to that property and not commonly present in the general vicinity or in the zoning district. The applicant must prove that there are certain features or conditions of the land that are not generally applicable throughout the zone and that these features make it impossible to earn a reasonable return without some adjustment. Such unique conditions or situations include:

(a)

Exceptional narrowness, shallowness or shape of a specific property on the effective date of the ordinance from which this chapter is derived.

(b)

Exceptional topographic conditions or other extraordinary situation on the land, building or structure.

(c)

The use or development of the property immediately adjoining the property in question.

(d)

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

(3)

The use variance will not alter the essential character of the neighborhood, be contrary to the intent of the Master Plan, or be a detriment to adjacent properties.

(4)

The capacity and operations of public roads, utilities, other facilities and services will not be significantly compromised.

(5)

The immediate practical difficulty causing the need for variance request was not self-created by the applicant.

H.

Assistance. The board may call upon the Mayor of the City to secure the assistance of any other City department in the performance of its duties and it shall be the duty of such other departments to render such assistance as may be reasonably required.

I.

Expiration.

(1)

No order of the Zoning Board of Appeals permitting the erection or alteration of buildings or structures shall be valid for a period longer than one (1) year, unless a building permit for the erection or alteration is obtained within such period and the erection or alteration is commenced and proceeds to completion in accordance with the terms of the permit. The Zoning Administrator may grant extensions, not to exceed six (6) months for each extension, upon a showing of good cause and good faith effort being made to achieve completion.

(2)

No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year unless the use is established within such period; provided, however, that if the use is dependent upon the erection or alteration of a building, the order shall continue in full force and effect if a building permit is obtained within such period and the erection or alteration is commenced and proceeds to completion in accordance with the terms of the permit.

(Ord. No. 600, § 1, 1-8-2018)

A.

General.

(1)

An application for a variance shall be filed by the record owner of the lot in question, or by an agent authorized in writing to act on the record owner's behalf, with the Zoning Administrator. The applicant shall provide such information as is required by the Zoning Board of Appeals by way of completed application form, fee and additional information.

(2)

After a public hearing and upon findings of fact based upon the applicable standards set forth in this Article, the Zoning Board of Appeals may approve the variance(s) as requested, approve variance(s) that better complies with the Ordinance than that requested, or deny the request.

(3)

The Zoning Board of Appeals may impose conditions with an affirmative decision. The conditions may include those necessary to promote the public health, safety and welfare, ensure compatibility with surrounding land uses, and protect and preserve natural features. Any conditions imposed by the Zoning Board of Appeals must be related to a valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(4)

A variance which is legally utilized and maintained runs with the property and any subsequent owners may legally continue the variance under its original or amended terms.

(5)

An application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall not be resubmitted for a period of one (1) year from the date of denial, except on grounds of new evidence not previously discovered at the time the variance was denied or changed conditions found by the Zoning Board of Appeals to be valid.

B.

Public Hearings and Notification. The Zoning Board of Appeals shall hold a public hearing on all appeals, interpretations, and requests for variances. Public hearing and notification requirements are set forth in Section 40-3.03 Public Notice Requirements.

(Ord. No. 600, § 1, 1-8-2018)

If an application to the Board of Zoning Appeals requires site plan approval by the Planning Commission pursuant to the provisions of Article 7, the applicant shall first receive site plan approval as set forth in Article 7.

(Ord. No. 600, § 1, 1-8-2018)