There is hereby established a Board of Zoning Appeals as provided in Section 5 of Public Act 207 of 1921, as amended, being M.C.L.A. 125.585.

(Ord. No. 1331, § 1, 5-5-25)

(a)

The Board of Zoning Appeals shall consist of nine members who are appointed by the Mayor with the advice and consent of Council. To be eligible for appointment, each person shall possess the qualifications required by the City Charter for holding office.

(b)

After the effective date of this Zoning Code (Ordinance 1273, passed March 8, 2021), each subsequent appointment to the Board shall be for one, two or three years, respectively, so as to provide for the appointment of an equal number of members each year. Thereafter, each member shall be appointed for a full three-year term. The Planning Commission shall annually appoint one of its members to the Board of Zoning Appeals to serve as a voting member. The Chairperson of the Board of Zoning Appeals shall be elected annually by the membership of the Board.

(c)

Members may be removed at the pleasure of the Mayor, with the advice and consent of Council. Appointments to fill vacancies shall be made upon the occurrence of the vacancy and each person so appointed shall take office immediately upon the confirmation of Council, to serve for the remainder of the unexpired term. If a vacancy is not filled within 60 days after the occurrence of the vacancy, Council shall appoint a committee of three of its members to act instead of the Mayor in the making of such appointment.

(Ord. No. 1331, § 1, 5-5-25)

(a)

The Board of Zoning Appeals shall hear and decide appeals from, and review any order, requirement, decision or determination made by, the Planning Office related to the Zoning Code.

(b)

The Board of Zoning Appeals shall determine if a nonconformity may be restored or reconstructed pursuant to Section 1270.03(a)(2).

(c)

The duty to alter or change the Zoning Code or the Zoning Map is reserved to Council in the manner provided by law.

(d)

The Board of Zoning Appeals shall hear and determine requests for variances in accordance with Section 1274.06.

(Ord. No. 1331, § 1, 5-5-25)

(a)

Either of the following may take an appeal to the Board of Zoning Appeals pursuant to the procedures described in this section:

(1)

A person aggrieved by a Planning Office decision regarding this Zoning Code; or

(2)

Any officer, department, board or bureau of the City aggrieved by a Planning Office decision regarding this Zoning Code.

(b)

An applicant shall file with the Planning Office all of the following:

(1)

A notice of appeal on forms provided by the Office. The notice of appeal shall specify the grounds for the appeal.

(2)

A drawing which, by a decision of the Office, reasonably reflects the factors involved in the appeal.

(c)

The Office shall, upon the proper filing of the notice of appeal, immediately transmit to the Board of Zoning Appeals all the papers constituting the record of the appeal.

(d)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Office certifies to the Board, after the notice of appeal is filed, that by reason of facts stated in an Office certification, a stay would, in the opinion of the Office, cause imminent peril to life or property. If the Office so certifies, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by the Circuit Court by giving notice to the Office and showing due cause.

(Ord. No. 1331, § 1, 5-5-25)

(a)

The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal filed pursuant to Section 1274.04.

(b)

The Board shall give notice of the appeal to the persons to whom real property within 300 feet of the lot in question is assessed, according to the records held in the office of the City Assessor. The board shall also give notice to the occupants of single-family and two-family dwellings within 300 feet of the lot. If the occupant's name is not known, the term "occupant" may be used.

(c)

The notices described in Subsection (b) hereof shall be delivered personally or by mail at the address given in the last assessment roll.

(d)

The Board shall decide an appeal within a reasonable time.

(e)

At the hearing a party may appear in person, by agent or by attorney.

(f)

The Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and shall make an order, requirement, decision or determination as in its opinion ought to be made on the lot, and to that end shall have all the powers of the officer or body from whom the appeal is taken.

(Ord. No. 1331, § 1, 5-5-25)

(a)

The Board of Zoning Appeals may authorize a variance described in Subsection (b) hereof. For the purposes of this section, "variance" means a modification of the strict letter of this Zoning Code, granted when strict enforcement of this Zoning Code would cause practical difficulties or unnecessary hardship.

(b)

The Board may grant variances for the following:

(1)

Modification of the dimensional requirements as may be necessary to secure appropriate improvement of a lot, which lot is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification; and

(2)

Modification of zoning requirements for additions or enlargements to existing structures, provided that all requirements for the particular use in the zoning district where such use is first permitted cannot be met without physical hardship pertaining to the shape of the lot and adjacent land uses or topography.

(c)

When considering a variance described in Subsection (b) hereof, the Board shall consider the following criteria in determining if a practical difficulty or unnecessary hardship exists:

(1)

If the owner of the lot complies with this Zoning Code, he or she can secure no reasonable return from, or make no reasonable use of, his or her property.

(2)

The hardship results from the application of this Zoning Code to his or her lot, rather than from some other factor.

(3)

The hardship is not the result of his or her own actions.

(4)

The hardship is peculiar to the lot of the applicant.

(d)

The procedure for obtaining a variance in accordance with this section shall be the same as that outlined in Section 1274.04.

(e)

In considering a proposed variance from this Zoning Code, the Board shall first, in each specific case, determine that practical difficulties or unnecessary hardships exist, according to the following standards:

(1)

The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

(2)

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts.

(3)

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate a possible nuisance emanating therefrom, which nuisance might be noxious to the occupants of any other nearby permitted use, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(4)

The location and height of structures and joint driveways and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and structures or unreasonably affect their value.

(Ord. No. 1331, § 1, 5-5-25)

The concurring vote of a majority of the members serving on the Board of Zoning Appeals shall be necessary to reverse an order, requirement, decision or determination of the Planning Office or to decide in favor of the applicant a matter upon which it is required to pass under an ordinance, or to effect a variance of such ordinance.

(Ord. No. 1331, § 1, 5-5-25)

The Board of Zoning Appeals, in acting favorably in connection with an appeal or variance, may attach any condition to its approval which it finds necessary to accomplish the reasonable application of the standards described in Subsection 1274.06(e).

(Ord. No. 1331, § 1, 5-5-25)

(a)

The decision of the Board of Zoning Appeals shall be final. However, a person having an interest affected by this Zoning Code may appeal to the Circuit Court. Upon appeal, the Court shall review the record and decision of the Board to ensure that the decision:

(1)

Complies with the Constitution and laws of the State;

(2)

Is based upon proper procedure;

(3)

Is supported by competent material and substantial evidence on the record; and

(4)

Represents the reasonable exercise of discretion granted by law to the Board.

(b)

If the Court finds that the record of the Board is inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the Board, the Court shall order further proceedings before the Board on conditions which the Court considers proper. The Board may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decisions shall be filed with the Court.

(c)

As a result of the review required by this section, the Court may affirm, reverse or modify the decision of the Board.

(Ord. No. 1331, § 1, 5-5-25)