The zoning board of appeals is hereby established in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The board shall consist of three members, each to be appointed by the city council for a term of three years. The city council may appoint two alternate members for the same term as regular members of the board of appeals. The alternate members, if appointed, shall be called on a rotating basis to sit as regular members of the board of appeals in the absence of a regular member. An alternate member shall also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular 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 regular member of the board of appeals.

(Ord. No. 299 of 2011, § 1001, 2-14-2011)

(a)

The zoning board of appeals may adopt rules and regulations to govern its procedures. The zoning board of appeals shall appoint one of its members as chairman. The concurring vote of a majority of the members of the zoning board of appeals shall be necessary to revise any order, requirements, decision or interpretation of the zoning administrator or to decide in favor of an applicant any matter upon which they are required to pass under this chapter or to effect any variation in this chapter, except that a 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.

(b)

Meetings of the zoning board of appeals shall be held at the call of the chairman and at such times in its rules of procedure may specify. Minutes shall be kept of each meeting and the board shall record into the minutes all findings, conditions, facts and other relevant factors, including the vote of each member upon any question or if absent or failing to vote indicating such fact, and all of its official actions. All meetings and records shall be open to the public. All minutes shall be filed in the office of the city clerk.

(c)

The zoning board of appeals shall hold a hearing within 90 days of receipt of application. The board shall give due notice of the hearing by regular mail to the parties of interest and to owners of adjacent property in accordance with the provisions of section 50-243.

(Ord. No. 299 of 2011, § 1002, 2-14-2011)

(a)

The zoning board of appeals shall perform its duties and exercise its powers as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The board of appeals shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with the enforcement of this chapter. The zoning board of appeals shall also hear and decide matters referred to the board or upon which the board is required to pass under this chapter.

(b)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor make any change in the terms or intent of this chapter, but does have power to act on those matters specifically provided for in this chapter.

(c)

In exercising the above mentioned powers, the zoning board of appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have the powers of the public official from whom the appeal was taken.

(Ord. No. 299 of 2011, § 1003, 2-14-2011)

(a)

The zoning board of appeals shall hear and decide appeals from and review any order, requirements, decision or determination of the zoning administrator.

(b)

The zoning board of appeals shall have the power to:

(1)

Interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter;

(2)

Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision made by the zoning administrator; and

(3)

Determine the parking space requirements of any use not specifically mentioned either by classifying it with one of the groups listed in section 50-103 or by an analysis of the specific needs.

(Ord. No. 299 of 2011, § 1004, 2-14-2011)

(a)

If there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the board of appeals may in passing upon appeals vary or modify any of its rules or provisions relating to the construction, or structural changes in, equipment, or alteration of buildings or structures, or the use of land, buildings, or structures, so that the spirit of the chapter shall be observed, public safety secured, and substantial justice done.

(b)

Any nonconforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of a variance.

(c)

The zoning board of appeals shall make findings that the requirements of this section have been met by the applicant.

(d)

The zoning board of appeals shall further find that the reasons set forth in the application justify the granting of the variance, and that it is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(e)

The zoning board of appeals shall further find that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public interest.

(f)

In granting any variance, the zoning board of appeals may prescribe appropriate conditions and safeguards consistent with section 50-243(c). Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this chapter.

(Ord. No. 299 of 2011, § 1005, 2-14-2011)

(a)

Appeals concerning interpretation or the administration of this chapter shall be made by filing a notice of appeal specifying the grounds thereof with the zoning administrator within a period of 30 days from the occurrence of the contested action. The zoning administrator shall transmit to the board copies of all papers constituting the record upon which the action appealed was taken from.

(b)

A fee shall be paid to the city at the time of filing the notice of appeal. The appeal fee shall be established by the city council.

(c)

Any party may appear at the hearing in person or by agent or attorney.

(d)

The zoning board of appeals shall hold a hearing within 90 days of receipt of application. The decision of the board shall be in the form of a resolution containing a full record of its findings and determinations in each case.

(e)

An appeal shall stay all proceedings in furtherance of the action appealed, unless the zoning administrator certifies to the board, that a stay would in his opinion, cause imminent peril to life or property, in which case the proceedings should not be stayed, other than by a restraining order granted by the courts.

(Ord. No. 299 of 2011, § 1006, 2-14-2011)

All questions concerning application of the provisions of this chapter shall first be presented to the zoning administrator. Such questions shall be presented to the zoning board of appeals only on appeal from the decisions of the zoning administrator. Recourse from decisions of the zoning board of appeals shall be to the circuit court of the county, as provided by law.

(Ord. No. 299 of 2011, § 1007, 2-14-2011)