A.

There is hereby established a Zoning Board of Appeals, the membership, powers, duties of which are prescribed in Act No. 110 of the Public Acts of the State of Michigan for 2006, as amended.

B.

The Zoning Board of Appeals, in addition to the general powers and duties conferred upon it, by the Act, in specific cases and subject to appropriate conditions and safeguards shall have the following duties:

1.

The Board shall have the power to interpret and determine the application of this Ordinance in harmony with its purposes and intent.

2.

Appeals:

a.

The Board shall have the power to hear and decide appeals from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by the Zoning Administrator or other administrative official or body charged with the enforcement of any ordinance adopted pursuant to the Zoning Act.

b.

An appeal to the board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the board of Appeals after notice of appeal shall have been filed with him that by reason of fact stated in the certificate, a stay would cause imminent peril to life or property.

3.

The Board shall hear requests for variances from the requirements of this ordinance where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance relating to the constructions, structural changes in equipment, or alterations of buildings or structures.

4.

The Board shall also have any other duties that may be specifically conferred by this ordinance.

(Ord. No. 3-12, § 10, 6-24-2012)

A.

The Zoning Board of Appeals shall consist of seven members. The city commission shall choose all members from electors residing within the city, one of whom may be a member of the Planning Commission. The city commission may appoint up to two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called as specified to serve as a member of the zoning board of appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the zoning board of appeals. The presence of a majority of the members shall constitute a quorum.

B.

The term of each member shall be for three years, and the board as presently constituted shall continue in the manner and for the terms heretofore established.

(Ord. No. 3-12, § 10, 6-24-2012)

A majority of the membership of the zoning board of appeals shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of an applicant on any matter upon which they are required to pass under this ordinance, or to effect a nonuse variance.

(Ord. No. 3-12, § 10, 6-24-2012)

A.

Subject to the provisions of this chapter, the board, after public hearing shall have the power to decide applications for variances filed as hereafter provided to ensure that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done. See section 13.07 relative to: the application and hearing process; the effect of decisions; resubmittal restrictions; and review standards. As provided for in section 125.3604, subsection 604(11) of Public Act 110 of 2006, as amended, the zoning board of appeals does not have the authority to grant a use variance.

B.

Nonuse variance. Before submitting an application for a nonuse variance the applicant must meet with city staff and review the current zoning provisions to determine whether their desired goal could otherwise be achieved. A nonuse variance may be allowed by the zoning board of appeals only in cases where the applicant demonstrates through competent, material and substantial evidence on the record that all of the following exist:

1.

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

a.

Exceptional narrowness, shallowness or shape of the property on the effective date of this ordinance; or

b.

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

2.

The condition or situation on which the requested variance is based does not occur often enough to make more practical adoption of a new zoning provision.

3.

The literal application of the provisions of the zoning ordinance would deprive the applicant of property rights commonly enjoyed by other properties in the same zone district.

4.

The variance will not be detrimental to adjacent property and the surrounding neighborhood.

5.

Taken as a whole, the variance will not impair the intent and purpose of the zoning ordinance.

6.

The exceptional conditions or circumstances do not result from the actions of the applicant. Thus, by way of example, the exceptional circumstances result from uses or development on an adjacent property or the exceptional shape of the property is the result of an unrelated predecessor's split of the parcel.

(Ord. No. 7-03, § 16(21.04), 4-1-2003; Ord. No. 3-12, § 10, 6-24-2012; Ord. No. 4-18, § 5, 3-20-2018)

In authorizing a variance or other approval permitted by this ordinance, the board may, in addition to the specific conditions of approval called for in this ordinance, attach other conditions regarding the location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this ordinance and the protection of the public interest or as otherwise permitted by law.

(Ord. No. 3-12, § 10, 6-24-2012)