There is hereby established a board of zoning appeals, which shall perform its duties and exercise its powers as provided in section 5 of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended, in such a way that the objectives of this title shall be observed, public safety secured, and substantial justice done.

(Ord. No. 442, § 20.1, 8-19-81)

(a)

The board of zoning appeals shall consist of six members.

(b)

All members shall be qualified and registered electors residing in the city and shall be residents of the city for a minimum of two years prior to appointment; provided, that no employee of the city may serve simultaneously as a member of the board of zoning appeals.

(c)

One member shall be appointed from the membership of the planning commission, and the board of zoning appeals and planning commission shall at all times have one member in common.

(d)

Each member shall hold office for a period of three years.

(e)

Members may be removed for cause by the city council only after consideration of written charges and a public hearing. Any vacancy on the board shall be filled by the mayor with the consent of the city council, for the remainder of the unexpired term.

(Ord. No. 442, § 20.2, 8-19-81)

The chairman and the vice-chairman of the board shall be elected annually by the members of the board at the first meeting held in each calendar year. The city clerk shall serve as the secretary of the board, but not be a voting member.

(Ord. No. 442, § 20.3, 8-19-81)

(a)

All meetings of the board shall be held at the call of the chairman or by the vice-chairman in the absence of the chairman or upon the written request of any two members of the board. Four members of the board shall constitute a quorum for the conduct of business.

(b)

The board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact, and shall keep records of its findings, proceedings at hearings and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record.

(c)

The board shall have the power to subpoena and require the production of books, papers, files, and other evidence pertinent to the matters before it.

(d)

The business which the board of zoning appeals may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of Michigan of 1976 (MCL 15.261 et seq.). Public notice of the time, date, and place of the meeting shall be given in the manner required by such act.

(e)

A writing prepared, owned, used, in the possession of, or retained by the board of zoning appeals in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of Michigan of 1976 (MCL 15.231 et seq.) as amended.

(Ord. No. 442, § 20.4, 8-19-81)

(a)

An appeal may be taken to the board by any person or by any officer, department, board, or bureau affected by a decision of the building inspector concerning this chapter. Such appeals shall be taken within 60 days from the decision by filing with the building inspector and with the board 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, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his 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 zoning appeals or by the circuit court on application, on notice to the officer or body from whom the appeal is taken and on due cause shown.

(c)

The board shall select a reasonable time and place for the hearing of the appeal 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.

(Ord. No. 442, § 20.5, 8-19-81)

The board of zoning appeals in conducting any public hearing shall fix a reasonable time for the hearing of the appeal and shall give notice in compliance with Act 110 of the Public Acts of 2006 (MCL 125.3103), and as hereinafter amended.

(Ord. No. 442, § 20.6, 8-19-81; Ord. No. 747, art. I, 3-3-10)

The schedule of fees for hearings before the board of zoning appeals shall be as adopted by the city council. Such fees shall be paid to the city treasurer for credit to the general fund of the city at the time notice of the appeal is filed.

(Ord. No. 442, § 20.7, 8-19-81)

The board, as created in this chapter, is a body of limited powers. The board shall have the specific powers and duties as set forth in sections 24-533 through 24-539.

(Ord. No. 442, § 20.8, 8-19-81)

The board has the power to hear and decide appeals when it is alleged by the appellant that there is an error of law in any order, requirement, permit, decision, determination, or refusal made by the building inspector or any other administrative official in carrying out or enforcing any provision of this title.

(Ord. No. 442, § 20.9, 8-19-81)

In cases of any question as to locations of any boundary line between zoning districts, the board shall interpret the zoning map.

(Ord. No. 442, § 20.10, 8-19-81)

(a)

The board has the power to authorize, upon an appeal, a variance from the strict application of any provision of this title where by reason of exceptional irregularity, narrowness, shallowness, shape or area of a specific piece of property on August 19, 1981, or by reason of exceptional topographic conditions or other extraordinary conditions of such property, the strict application of the provisions of this chapter would result in peculiar or exceptional practical difficulties to or unnecessary undue hardship upon the owner of such property.

(b)

In hearing and deciding appeals for variances, the board shall adhere to the following criteria in determining whether practical difficulties and/or unnecessary hardships exist:

(1)

That if the property owner complies with the provisions of this title he can secure no reasonable return from or make no reasonable use of his property;

(2)

That the hardship results from the application of this title to his property, rather than from some other factor;

(3)

That the hardship of which he complains is suffered merely by his property directly, and not by others;

(4)

That the hardship is not the result of his own actions; and

(5)

That the hardship is peculiar to the property of the applicant.

(c)

Specific variances which the board may grant, subject to conformance with the criteria delineated in subsection (b) of this section, include the following:

(1)

Height, yard spaces and area requirements. The board may permit such modification of the height, yard space, and area requirements as may be necessary to secure 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 modi- fication.

(2)

Additions to buildings. The board may permit modification of zoning requirements for additions or enlargements to existing buildings provided that all requirements for the particular use in the zoning district where such use is first permitted cannot be met without extreme physical hardship owing to the shape of the lot, adjacent land uses, or topography.

(Ord. No. 442, § 20.11, 8-19-81)

The board has the power to permit a modification of the vehicle parking and loading space requirements of article XVII where it deems that such modification would not be inconsistent with the purpose and intent of such requirements.

(Ord. No. 442, § 20.12, 8-19-81)

(a)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant on any matter upon which the board is authorized by this chapter to render a decision.

(b)

The power or authority to alter or change the zoning ordinance or the zoning map is reserved to the city council in the manner provided by law.

(Ord. No. 442, § 20.13, 8-19-81)

In consideration of all appeals and all proposed variations of this title, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation involves exceptional circumstances not found in other areas of the same zoning district; will be in harmony with the general purposes and intent of this chapter; will not in any respect impair the public health, safety, comfort, or welfare of the inhabitants of the city; and meets the following general 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 any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(4)

The location of height of buildings or structures 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 buildings or unreasonably affect their value.

(Ord. No. 442, § 20.14, 8-19-81)

(a)

The board of zoning appeals, in acting favorably on any appeal in connection with a request for a variance, may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the standards set forth in section 24-538. In addition, the board shall have the authority to require performance bonds to ensure compliance with any requirements deemed necessary for approving any variance. Following establishment of any land use pursuant to a variance, any change and/or modification, as well as the original provisions of the building and site plan which have not been modified, shall be maintained as a condition of the establishment of any use to which they are appurtenant and applicable. The board may also deny any appeal but only in accordance with such standards.

(b)

In exercising the above powers of this chapter, the board may reverse or affirm, wholly or partly, or may modify the order, requirements, 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 whom the appeal is taken.

(Ord. No. 442, § 20.15, 8-19-81)

No order of the board permitting the erection or alteration of a building, open air land use or parking lot shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 442, § 20.16, 8-19-81)

(a)

The decision of the board of zoning appeals shall be final. However, a person having an interest affected by this chapter may appeal to the circuit court. Upon appeal, the court shall review the record and decision of the board of zoning appeals 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.

(4)

Represents the reasonable exercise of discretion granted by law to the board of zoning appeals.

(b)

If the court finds the record of the board of zoning appeals 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 of zoning appeals, the court shall order further proceedings before the board of zoning appeals on conditions which the court considers proper. The board of zoning appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decision 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 of zoning appeals.

(Ord. No. 442, § 20.17, 8-19-81)