A Zoning Board of Appeals is hereby established, the membership, powers, and duties of which are prescribed in Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended. The Zoning Board of Appeals in addition to the general powers and duties conferred upon it, by said Act, in specific cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this chapter in harmony with their purpose and intent as hereinafter set forth.

(Ord. 285, passed 12-8-2003)

   (A)   The Zoning Board of Appeals shall consist of six members: a member of the Planning Commission; and five citizens of the city appointed by the City Council who shall be representative of the various interests and population distribution of the city.

   (B)   (1)   The member of the Planning Commission shall serve a term concurrent with his or her term on the Commission.

      (2)   The five additional members shall serve for three-year terms. These three-year terms shall be staggered so that not more than two members are appointed each year.

      (3)   Should a vacancy occur, the City Council shall appoint a replacement within 30 days to fill the unexpired term.

   (C)   The Zoning Board of Appeals as constituted on the effective date of this chapter shall continue and, upon completion of current terms, appointments by the City Council shall be based upon the manner and terms heretofore set forth.

(Ord. 285, passed 12-8-2003)

   (A)   All decisions of the Board shall be made at a meeting open to the public. All deliberations of the Board constituting a quorum of its member shall take place at a meeting open to the public except as provided in compliance with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended.

   (B)   A majority of the members of the Board shall constitute a quorum for purposes of transacting the business of the Board and the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended. Each member of the Board shall have one vote.

   (C)   Regular meetings of the Board shall be called as needed in response to receipt of a notice of appeal, so long as the meeting is scheduled within 20 days of the notice of appeal. The meeting can be called by the Zoning Administrator, the Chair of the Appeals Board or, in his or her absence, the Vice-Chair. Public notice of the date, time, and place of a public meeting of the Board shall be given in the manner required by Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended.

   (D)   The business of the Board of Appeals shall be conducted in accordance with its adopted bylaws.

   (E)   The Chair or, in his or her absence, Vice-Chair may administer oaths and compel the attendance of witnesses.

(Ord. 285, passed 12-8-2003)

   (A)   General. The Board has the power to act on matters as provided in this chapter and Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended. The specific powers of the Board are enumerated in the following divisions of this section.

   (B)   Voting.

      (1)   The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirements, decision, or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the Board is required to pass under an ordinance, or to effect a variation in an ordinance except that a concurring vote of two-thirds of the members of the Board shall be necessary to grant a variance from uses of land permitted in an ordinance.

      (2)   A member shall be disqualified from a vote in which a conflict of interest exists. Failure of a member to disclose a conflict of interest and be disqualified from a vote shall constitute malfeasance in office.

   (C)   Administrative review. The Board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator or other duly authorized enforcing agent, in enforcing any provision of this chapter.

   (D)   Interpretation.

      (1)   The Board shall hear and decide requests for interpretation of this chapter or the zoning map taking into consideration the intent and purpose of the ordinance and the Master Plan.

      (2)   A record shall be kept by the Board of all decisions for interpretation of this chapter or zoning map and land uses which are approved under the terms of this section. The Board shall request the Planning Commission to review any ordinance amendment it deems necessary.

   (E)   Variances.

      (1)   Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this chapter, whereby extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. Further, in granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance as outlined below. When granting any variance, the Board must ensure that the spirit of the ordinance is observed, public safety secured, and substantial justice done.

      (2)   The applicant must present evidence to show that if this chapter is applied strictly, practical difficulties will result to the applicant and that:

         (a)   The ordinance restrictions unreasonably prevent the owner from using the property for a permitted purpose;

         (b)   The variance would do substantial justice to the applicant as well as to other property owners in the district, and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be more consistent with justice to other property owners;

         (c)   The plight of the landowner is due to the unique circumstances of the property; and

         (d)   The alleged hardship has not been created by any person presently having an interest in the property.

(Ord. 285, passed 12-8-2003; Ord. 363, passed 6-8-2015)

   (A)   An applicant requesting any action by the Board shall commence such request by filing a notice of appeal, on the form supplied by the city, accompanied by such appeal fee as determined by the City Council, and all plans, studies, and any other information and data as applicable, all of which shall be made a part of the record.

   (B)   Any dimension variance requested within the city shall be accompanied by a survey representing the dimension (distance and/or area) which is deficient and nonconforming. The dimension shall be directly measured and certified by a professional surveyor licensed to practice in the state. As it relates to areas, the surveyor shall indicate all field measured dimensions of such parcel and provide the representative calculation. As it relates to property line setbacks or building separations, the dimensions shall be a direct measurement versus calculated. This section may not require a full property line survey of the entire parcel in question but does require a survey as necessary to represent and support the variance request.

   (C)   Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the applicant within 30 days of the date of the order issuance or refusal to issue permit, requirement, or refusal.

   (D)   The Board shall fix a time for a hearing on the appeal, and shall notify the applicant of the time and place of such hearing. Notice of all public hearings conducted by the Board shall appear in a newspaper of general circulation in the city at least 15 days prior to the hearing where the appeal pertains to a specific parcel(s) of property. Notice of the public hearing shall be sent to the persons to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single- and two-family dwellings within 300 feet regardless of whether the owner or occupant is located in the city, the notice to be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If the tenant’s name is not known, the term “occupant” may be used.

   (E)   Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of his or her appeal. The Board of Appeals shall have the power to require the attendance of witnesses, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the Board of Appeals.

   (F)   The Board shall not decide an appeal until after a public hearing.

   (G)   The Board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

   (H)   (1)   The Board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:

         (a)   Be designed to protect natural resources, public health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents, and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;

         (b)   Be related to the valid exercise of the police power, and purposes, which are affected by the proposed use or activity; and

         (c)   Be necessary to meet the intent and purpose of this chapter, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

      (2)   Violations of any of these conditions shall be deemed a violation of this chapter, enforceable as such, and/or may be grounds for revocation or reversal of such decision.

   (I)   All decisions of the Board shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.

   (J)   Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.

   (K)   The Board may reconsider an earlier decision if, in the opinion of the Board, circumstances justify taking such action.

   (L)   (1)   No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period of longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

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

   (M)   Any party aggrieved by a decision of the Zoning Board of Appeals may appeal to the circuit court in accordance with Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended.

(Ord. 285, passed 12-8-2003; Ord. 363, passed 6-8-2015) Penalty, see § 154.999