There is hereby established a zoning board of appeals which shall perform its duties and exercise its powers as provided by Public Act No. 110 of 2006 as amended, the Michigan Zoning Enabling Act, MCL 125.3101 et seq.

(Ord. No. 427, § 7, 1-14-2016)

1.

The City of Montrose Zoning Board of Appeals shall consist of five members, as follows:

a.

One member of the zoning board of appeals must be a representative of the City of Montrose Planning Board.

b.

The members of the zoning board of appeals must be electors of the City of Montrose.

c.

One regular or alternate member may be a member of the city council.

d.

An elected officer of the city shall not serve as the chairman of the zoning board of appeals.

e.

An employee or contractor of the city may not serve as a member of the zoning board of appeals.

f.

The city council may appoint no more than two alternate members for the same term as regular members of the zoning board of appeals.

2.

The members of the zoning board of appeals will be compensated at a rate to be determined, from time to time, by the city council. The chairperson of the zoning board of appeals is authorized to administer oaths and compel attendance of witnesses by Sections 601(8)—(10) and 602(1), (2) of Public Act 110.

3.

Members of the ZBA shall be removable by the city council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(Ord. No. 389, 12-12-2006; Ord. No. 427, § 8, 1-14-2016)

1.

The board shall meet on a date and time determined by it, but no sooner than ten days nor later than 45 days after the city receives an application upon which they need to act. The city will give due notice of such application to all residents and property owners within 300 feet of the premises in question regardless of municipal boundaries, and according to the requirements of section 19.5.3.

2.

The notice shall be published in a newspaper of general circulation within the city, and where required, the notice will be delivered personally or by first class mail addressed to the respective owner(s) and tenant(s) at the address given in the last assessment roll at least 15 days before the date of the meeting at which the appeal will be acted upon. In such cases an affidavit of the mailing will be maintained. In all cases, the city shall send a notice of the hearing to the applicants no less than 15 days prior to the hearing. The city will post the notice of appeal in a prominent location on the premises in question. The content of the notices shall describe the nature of the request, indicate the property that is the subject of the request by street address, state when and where the request will be considered and indicate when and where written comments can be received per Section 103(3) of Public Act 110.

3.

Upon receipt of a written request seeking an interpretation of the Zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper that circulates in the city and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request, the time, date, and place of the public hearing or the interpretation request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question, and according to the requirements of section 19.5.3.

4.

At the hearing, a party may appear in person or by agent and attorney. The zoning board of appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit. A member of the zoning board of appeals who is also a member of the planning board or the city council 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 board or the city council. The member may consider and vote on the other unrelated matters involving the same property.

(Ord. No. 389, 12-12-2006; Ord. No. 427, § 9, 1-14-2016)

The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit.

In the case of a nonuse variance, where there are practical difficulties or, in the case of a use variance, where there is unnecessary hardship in the way of carrying out the strict letter of this ordinance, the zoning board of appeals shall have the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done.

Nothing herein contained shall be construed to give or grant to the zoning board of appeals the authority to make changes in the zoning ordinance or the zoning map acting under the authority of appeal board. The power and authority to rezone is reserved to the city council in the manner provided by Public Act No. 110 of 2006, the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended.

(Ord. No. 427, § 10, 1-14-2016)

The zoning board of appeals shall have the following specified powers and duties:

1.

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator or any other administrative official in carrying out, or enforcing, any provisions of this ordinance.

2.

Interpretation. To hear and decide in accordance with the provisions of this ordinance:

a.

Appeals for the interpretation of the provisions of the ordinance.

b.

Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on such subject.

3.

Variances. The zoning board of appeals shall have the power to authorize, upon appeal, specific variances from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, such requirements as off-street parking and loading space, and sign regulations, and other similar requirements as specified in the ordinance.

The zoning board of appeals shall have the power to authorize, upon appeal, specific variances from the uses of property which are permitted as principle uses or as special land uses within zoning districts. The approval of a use variance requires an affirmative vote of 2/3 of the membership of the zoning board of appeals.

4.

The zoning board of appeals shall/shall not hear appeals of special land use decisions and planned unit development decisions.

(Ord. No. 427, § 11, 1-14-2016)

1.

An application for the approval of a variance shall be made by an owner of an interest in the lot to the city clerk accompanied by the necessary fees and documents.

2.

The application shall be accompanied by a site plan drawn to the scale of 1"-20' and placed on a standard sheet and containing the following information:

a.

Dimensional elements for which a variance is requested.

b.

Dimensional relationships of the subject lot to the structures on all adjacent lots.

3.

The application shall be accompanied by an affidavit by the applicant explaining:

a.

How the strict enforcement of the provisions of the city zoning ordinance would cause an unnecessary hardship and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

b.

The conditions and circumstances unique to the property which are not similarly applicable to other properties in the same zoning district.

c.

The conditions and circumstances unique to the property which 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.

d.

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

e.

Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.

4.

The city clerk shall notify the applicant and all owners of an interest in lots, as recorded on the city tax roll, and within 300 feet of the subject lot upon which a variance is requested, and in accordance with the requirements of section 19.5.3., of the time and place of the zoning board of appeals meeting at which such application will be considered.

5.

The board shall consider the application for variance at its next regular meeting, which provides sufficient time for notice, as required heretofore, or within not more than 35 days after receipt of the application by the city clerk, and hear and question any witness appearing before the board.

6.

The board shall approve, with or without conditions, or disapprove the application and shall communicate its action in writing to the applicant, the city council, [and] the city planning commission [now planning board—see Charter § 5-201] within one week from the time of the meeting at which it considered the application.

a.

The board shall not approve an application for a variance unless it has found positively that:

(1)

The strict enforcement of the zoning ordinance would cause unnecessary hardship or practical difficulty and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

(2)

The conditions and circumstances are unique to the subject property and are not similarly applicable to other properties and in the same zoning district.

(3)

The conditions and circumstances are unique to the subject property and 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)

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

(5)

The requested variance will not be contrary to the spirit and intent of the city zoning ordinance.

(Ord. No. 427, § 12, 1-14-2016)

A.

These appeals procedures are instituted to hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of the city zoning ordinance, except the issuance of a variance which shall follow the procedures of section 18.6 of this ordinance.

B.

An appeal shall be filed with the officer from whom the appeal is taken and with the zoning board of appeals specifying the grounds for the appeal.

1.

The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the appeal is taken.

2.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have 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 proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by the circuit court, on application on notice to the officer from whom the appeal is taken and on due cause shown.

3.

Such appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the city.

4.

The board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, as in its opinion ought to be made in the premises, and to that end shall have all the power of the officer from whom the appeal was taken and may issue or direct the issuance of a permit.

5.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, the board shall have power in passing upon appeals to vary or modify any of its rules, regulations, or provisions so that the spirit of the ordinance shall be observed, public safety secured, and substantial justice done. The decision of such board shall be final and any party aggrieved by the decision shall have the right to appeal to the circuit court for the county in which the property is located. An appeal under this section shall be filed within 30 days after the zoning board of appeals issues its decision in writing signed by the chairperson, or 21 days after the zoning board of appeals approves the minutes of its decision.

6.

The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official.

(Ord. No. 427, § 13, 1-14-2016)

Any interested party may appear and be heard at the hearing in person or by an agent or attorney.

The board shall not have the power to alter or change the zoning district classification of any property.

Matters coming before the board shall be decided within a reasonable time. A concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant.

The decision of the board shall not become final until the expiration of five days from the date of entry of the order, unless the board shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record.

The zoning board of appeals must state the grounds for their decision and the zoning board of appeals decision is final. However, any party aggrieved by the decision may appeal to the circuit court.

(Ord. No. 389, 12-12-2006; Ord. No. 427, § 14, 1-14-2016)

Decisions of the zoning board of appeals may be appealed to the appropriate court on the record and for that reason the board shall cause a record to be made of its proceedings.

No order of the board permitting the erection or alteration of buildings shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to a completion in accordance with the terms of such permit.