The zoning board of appeals as provided in Section 5 of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.585) as amended, is hereby continued.

(Code 1977, § 5.280)

The zoning board of appeals shall hear and decide only such matters as the board is specifically authorized to pass on as provided in this chapter. The board has the power to grant variances, decide appeals on administrative decisions and to interpret the boundary lines of the zoning map. The board shall not have the power to alter or change the zoning district classification of any property; nor to make any changes in the terms of this article.

(Code 1977, § 5.281)

(a)

Where the literal enforcement of the provisions of this chapter would cause practical difficulty or unnecessary hardship, the zoning board of appeals shall have the power to grant a dimensional, supplemental, and/or use variance. For the purpose of this section, a variance means a modification of the strict requirements of this chapter. The board can grant a variance from the following:

(1)

Dimensional requirements (e.g. yard, height, lot area).

(2)

Supplemental requirements (e.g. parking, landscaping, signs).

(3)

Use requirements (e.g. residential uses in non-residential districts).

(b)

The board shall not grant a variance for the expansion of a use otherwise prohibited (except for as set forth in subsection (a)(3) above) and shall not grant a variance because of the presence of nonconformities in the zoning district.

(c)

In authorizing a variance with conditions, the board shall require such evidence and bond as it may deem necessary to ensure that the conditions are being and will be complied with. No variance in the provisions or requirements of this chapter shall be authorized by the board unless the board finds, by a preponderance of the evidence that all of the following facts and conditions exist:

(1)

There are exceptional or extraordinary conditions applying to the property that do not apply to other properties or classes of uses in the same zoning district.

(2)

The exceptional or extraordinary conditions do not result from the actions of any person with a current interest in the property.

(3)

Strict compliance with this chapter would unreasonably prevent the applicant from using the property for a permitted purpose or would create practical difficulties in conforming to the requirements of this chapter.

(4)

The authorizing of such variance will not be of substantial detriment to adjacent property, alter the essential character of the area, and will not impair the purposes of this chapter or the public interest.

(5)

The variance is the minimum variance possible for reasonable use of the property.

(6)

The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in public streets or increase the danger of fire or endanger the public safety or substantially diminish property values within the area.

(7)

Such variance shall in no manner or guise be construed to allow a change of use but shall allow only a variation or modification from the provisions of this chapter.

(d)

standards: the zoning board of appeals may grant a use variance only upon finding that an unnecessary hardship exists. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. A finding of an unnecessary hardship shall require demonstration by the applicant of the following:

(1)

The property cannot be reasonably used for any purpose permitted in the zoning district. There must be financial proof of the applicant's inability to realize any reasonable return; speculation or a qualitative assessment is inadequate;

(2)

The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district. The applicant must demonstrate that there are certain features that make it impossible to earn a reasonable return without some adjustment. In those situations where others share the difficulty, the zoning board of appeals may find that relief should be accomplished by an amendment to the zoning ordinance, not a variance;

(3)

The problem and resulting need for the variance has not been self-created by the applicant;

(4)

The variance will not alter the essential character of the area. In determining whether this criteria has been met, the established type and pattern of land uses in the area and the natural characteristics of the site and surrounding area shall be considered.

(Code 1977, § 5.282; Ord. No. 2011.15, § 6, 8-16-11; Ord. No. 2014-9, § 2, 4-8-14; Ord. No. 2016-29, § 3, 11-15-16; Ord. No. 2017-06, § 3, 5-2-17)

No variance granted by the zoning board of appeals permitting the erection or alteration of a building or structure shall be valid for a period longer than six (6) months, unless such erection or alteration is started and proceeds to completion within three hundred sixty-five (365) days from the date the variance became effective, in accordance with the terms of such permit.

(1)

Any variance granted under this article shall become null and void and fees forfeited unless construction or alteration of new or modified facilities, as the case may be, is completed within three hundred sixty-five (365) days of the date of transmittal (by mail or otherwise) of the zoning board of appeal's decision to the applicant.

(2)

After the passage of three hundred sixty-five (365) days during which construction has not been completed, or during which construction has ceased, as the case may be, the applicant must apply for a new variance following all of the procedures outlined in this article.

(Ord. No. 92-12, § 1, 7-28-92)

Where it is alleged that there is an error in any order, requirement, decision, grant or refusal made by the zoning inspector or other administrative official in the interpretation of this chapter, the zoning board of appeals shall have the power to hear and decide appeals, filed as provided herein.

(Code 1977, § 5.283)

Where there is a question as to the location of any boundary line between zoning districts or in the interpretation of the text, the zoning board of appeals shall interpret the text and map in such a way as to carry out the intent and purpose of this chapter.

(Code 1977, § 5.284)

The zoning board of appeals shall have the power to hear and make determinations regarding applications for variances regarding the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes in a greater height or larger area than the district requirements permit. The board may permit the location in any use district of a public utility building, structure or use if the board shall find such use, height, area, building or structure reasonably necessary for the public convenience and service.

(Code 1977, § 5.285)

(a)

The zoning board of appeals shall consist of five (5) members and two (2) alternate members appointed by the mayor with the approval of the city council for three-year terms. All persons serving on this board shall be residents of the city. No elected official or employee of the city may be appointed to the board of appeals. Members of the board shall be removable upon a finding of misfeasance, malfeasance or nonfeasance. Such findings may occur only after specific written charges have been filed with the city council and after the accused member has been afforded a hearing regarding such charges. Vacancies shall be filled by the mayor with the approval of the city council within thirty (30) days and shall be for the unexpired term.

(b)

Alternate members may be called on a rotating basis to sit as members of the zoning board of appeals in the absence of a member. An alternate member may also be called to serve in the place of a member for the purpose of reaching a decision on a case in which a member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a member.

(Code 1977, § 5.286; Ord. No. 2011.15, § 6, 8-16-11; Ord. No. 2016-29, § 3, 11-15-16)

The zoning board of appeals shall adopt rules and procedures for its meetings, which shall be held at the call of the chair and at such times as the board may determine. Such meetings shall be open to the public. A record of its proceedings, showing the action of the board and the vote of each of the members on every question considered at its meetings shall be kept. The presence of a majority of its members shall be necessary to constitute a quorum.

(Code 1977, § 5.287; Ord. No. 2016-29, § 3, 11-15-16)

(a)

Application. An appeal to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city aggrieved by any decision of the zoning official. Such appeal shall be taken within ten (10) days after the decision, by filing with the zoning official and the board of appeals a notice of appeal specifying the grounds thereof. The zoning official shall transmit the appeal with the appealing party's payment to the city clerk.

(b)

Hearings. The board of appeals shall fix a reasonable time for the hearing of the application or appeal and give as required under section 28-8. At the hearing any party may appear in person or by agent or by attorney.

(c)

Adjournment of hearings. On the day of the hearing of any appeal, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners or occupants as it decides may be substantially interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing, unless the board so decides.

(d)

Decisions of the board. The board shall decide all appeals within thirty (30) days after the final hearing thereon.

(1)

A certified copy of the board's decision shall be transmitted to the appellant and to the zoning inspector. Such decision shall be binding upon the zoning inspector and shall be incorporated into the terms and conditions of the same in the permit to the appellant, whenever a permit is authorized by the board.

(2)

A decision of the board shall not become final until the expiration of five (5) days from the date such decision is made, unless the board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and so certifies on the record.

(3)

The board may attach any condition to its approval that it finds necessary to accomplish the reasonable application of the standards in section 28-238.

(e)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order which may, on due cause shown, be granted by the board of appeals on application, after notice to the zoning inspector, or by judicial proceedings.

(f)

Review by circuit court. Any party aggrieved by any order, determination or decision of any officer, agency, board, commission, or board of appeals may obtain a review thereof both on the facts and law, in the circuit court for the county wherein the subject property or some part thereof is located; provided that the application must be made to the court within thirty (30) days after delivery of a copy of such order, determination or decision by any method permissible under the rules and practices of the circuit courts of this state. On such review, the courts shall have jurisdiction to make such further orders in respect thereto as justice may require.

(Code 1977, § 5.288; Ord. No. 2011.15, § 6, 8-16-11)