There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its powers as provided in the Michigan Zoning Enabling Act of 2006 (M.C.L.A. §§ 125.3101 to 125.3702) and in such a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done. The Board shall consist of 7 members appointed by the City Commission, one of whom may be a member of the City Commission and one of whom may be a member of the Planning Commission. The terms of office for members appointed to the Zoning Board of Appeals shall be for 3 years except for members serving because of their membership on the City Commission or Planning Commission, whose terms shall be limited to the time they are members of those bodies. Each member of the Board of Appeals shall be a resident of the city and shall be a qualified and registered elector on the date of appointment and throughout his or her tenure of office. A member of the Board of Appeals may be removed from such office as provided for in the Zoning Enabling Act. Any appointive vacancies shall be filled by the City Commission for the remainder of the unexpired term. The Board of Appeals shall annually elect its own Chairperson, Vice-Chairperson and Secretary, however, the City Commission member of the Board may not serve as Chairperson. The compensation of the appointed members of the Board of Appeals shall be fixed by the City Commission. The City Commission may appoint alternate members as provided in the Zoning Enabling Act. A member of the Zoning Board of Appeals who is also a member of the Planning Commission or City Commission shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission or City Commission. However, the member may consider and vote on other unrelated matters involving the same property.

(Prior Code, App., § 1600) (Ord. 78-10, passed 1-4-1979; Am. Ord. 07-04, passed 7-19-2007; Am. Ord. 2019-002, passed 2-21-2019; Am. Ord. 24-005, passed 8-1-2024)

   All meetings of the Board of Appeals shall be held at the call of the chairperson and at such times as such Board may determine. All hearings conducted by said Board shall be open to the public and notice of same shall be published in a newspaper of general circulation within the city not less than 15 days before the meeting. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Three members of the Board shall constitute a quorum for the conduct of its business. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(Prior Code, App., § 1601) (Ord. 78-10, passed 1-4-1979; Am. Ord. 07-04, passed 7-19-2007)

   (A)   An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by any office, department, board or bureau aggrieved by a decision of the Building Inspector. The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building Inspector and the Board of Appeals a notice of appeal, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

   (B)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the Building Inspector and on due course shown.

   (C)   The Board shall select a reasonable time and place for the hearing of the appeals and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

   (D)   The City Commission shall, from time to time, determine by resolution the fee which shall be paid to the Secretary of the Board of Appeals at the time that notice of appeal is filed, which the Secretary shall forthwith pay over to the City Treasurer to the credit of the General Fund of the city.

(Prior Code, App., § 1602) (Am. Ord. 2019-002, passed 2-21-2019)

   The Board of Appeals shall have the following powers and it shall be its duty:

   (A)   To hear and decide on all matters referred to it upon which it is required to pass under this chapter.

   (B)   To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter.

   (C)   In hearing and deciding appeals the Board of Appeals shall have the authority to grant such variance therefrom as may be in harmony with their general purpose and intent so that the function of this chapter be observed, public safety and welfare secured, and substantial justice done, including the following:

      (1)   Interpret the provisions of the chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

      (2)   Permit the erection and use of a building or use of premises in any use district for public utility purposes.

      (3)   Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

      (4)   Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which 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.

      (5)   Permit temporary buildings and uses for periods not to exceed 2 years in undeveloped sections of the city and for periods not to exceed 6 months in developed sections.

   (D)   To hear and decide variance requests as set forth in section M.C.L.A. § 125.3604 of the Zoning Enabling Act. However, this shall not include the authority to grant use variances.

   (E)   In consideration of all appeals and all proposed variations to this chapter, the Board of Appeals shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City. The concurring vote of 3 members of the Board of Appeals shall be necessary to reverse any order, requirements, decision, or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.

   (F)   Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to alter or change the Zoning Ordinance or the Zoning Map, such power and authority being reserved to the City Commission of the City of Marine City in the manner provided by law.

   (G)   To obtain a variance from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, off-street parking and loading space regulations, sign regulations and other similar requirements as specified in this Ordinance, the applicant must submit an affidavit indicating that a "practical difficulty" exists by demonstrating all of the following:

      (1)   That the strict enforcement of the provisions of the Zoning Ordinance would cause practical difficulties and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district or render conformity with such restrictions unnecessarily burdensome.

      (2)   That the conditions and circumstances are unique to the property and are not similarly applicable to other properties in the same zoning district.

      (3)   That the conditions and circumstances unique to the property were not created by the owner, or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.

      (4)   That the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.

      (5)   That the requested variance will not be contrary to the spirit and intent of this Zoning Ordinance.

(Prior Code, App., § 1603) (Ord. 78-10, passed 1-4-1979; Am. Ord. 07-04, passed 7-19-2007; Am. Ord. 2019-002, passed 2-21-2019)

   In exercising the above powers, the Board of Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building Inspector from when the appeal is taken.

(Prior Code, App., § 1604)

   The Board of Appeals shall grant no variance except in a specific case and after a public hearing conducted by the Board. Upon receipt of a written request seeking an interpretation of the zoning ordinance, an appeal of an administrative decision, or a variance, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the city and shall be sent by mail or personal delivery to the person requesting the interpretation or to the owners of property for which variance approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. The notice shall be given not less than 15 days before the date the publication will be considered for approval and shall conform to the requirements of M.C.L.A. § 125.3101 of the Zoning Enabling Act.

(Prior Code, App., § 1605) (Ord. 78-10, passed 1-4-1979; Am. Ord. 79-1, passed 5-3-1979; Am. Ord. 07-04, passed 7-19-2007)

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

   (B)   No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than 1 year unless such use is established within the period provided, however, that where the use permitted is dependent upon the erection or alteration of a building, the order shall continue in force and effect if a building permit for the erection or alteration is obtained within the period and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.

(Prior Code, App., § 1606) (Ord. 78-10, passed 1-4-1979)

   The decision of the Zoning Board of Appeals shall be final. A party aggrieved by a decision of the Zoning Board of Appeals may appeal to the Circuit Court. An appeal from a decision of the Zoning Board of Appeals shall be filed within 30 days after the Zoning Board of Appeals issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the Zoning Board of Appeals, if there is no chairperson, or within 21 days after the Zoning Board of Appeals approves the minutes of its decision. The court may affirm, reverse, or modify the decision of the Zoning Board of Appeals.

(Ord. 2019-002, passed 2-21-2019)

(Prior Code, App., § 1513) (Ord. 95-13, passed 2-1-1996; Am. Ord. 07-06, passed 11-1-2007)