There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided by Act 110 of Public Acts of 2006, as amended, in such a way that the objectives of this chapter shall be observed, public safety, morals, and general welfare assured, and substantial justice done.

(Ord. No. 15-315, § 1, 4-27-15)

(a)

The zoning board of appeals shall consist of the following five members:

(1)

The first member shall be a member of the city planning commission.

(2)

The second member shall be a member of the city council appointed by the city council and shall not serve as chairman of the zoning board of appeals.

(3)

The remaining members of the zoning board of appeals shall be selected and appointed by the city council from among the electors of the city. The members selected shall be representative of the population distribution of the various interest present in the city. An elected official of the city shall not serve as chairman of the zoning board of appeals.

(b)

The city council may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called to serve as a regular member of the zoning board of appeals in the absence of a regular member if the regular member is absent from or will be unable to attend two or more consecutive meetings of the zoning board of appeals or is absent or will be unable to attend meetings for a period of more than 30 consecutive days. An alternate member may also be called to serve as 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. If appointed, an alternate member shall serve in the case until a final decision is made. Alternate members shall have the same voting rights as regular members of the zoning board of appeals when called during their term of appointment. If there are two alternate members appointed by the city council then they may be called by the chairman as needed based on availability. Alternate members shall possess the qualifications required for board membership.

(c)

Terms shall be for three years, except for members serving because of their membership on the planning commission or city council, whose terms shall be limited to the time they are members of the planning commission or city council, respectively, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. The zoning board of appeals shall not conduct business unless a majority of the members of the board are present.

(d)

Members of the zoning board of appeals shall be removable by the city council for nonperformance of duty or misconduct in office upon written charges and after 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 shall constitute misconduct in office.

(Ord. No. 15-315, § 1, 4-27-15)

Zoning board of appeals membership shall be subject to the following:

(a)

Rules and officers. The zoning board of appeals may adopt rules and regulations to govern its procedures. The zoning board of appeals shall elect annually a chair, vice-chair, and secretary from its membership. An elected officer of the city shall not serve as chair of the zoning board of appeals.

(1)

The chair shall preside at and conduct zoning board of appeals meetings; and 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 the zoning board of appeals.

(2)

In the absence of the chair, the vice-chair shall exercise all powers and authority of the chair.

(3)

The secretary shall be responsible for ensuring that complete and accurate written records are kept of all zoning board of appeals proceedings.

(b)

Votes and quorum. A concurring vote of a majority of the members of the zoning board of appeals shall be necessary for any decision. The zoning board of appeals shall not conduct business unless a majority of its members is present.

(c)

Representation. Any person may appear and testify on his or her own behalf at a hearing or may be represented by an agent or an attorney authorized to appear on his or her behalf.

(d)

Hearings. The zoning board of appeals shall hold a public hearing on each question submitted to it for decision. The chair shall fix a reasonable time and date for the hearing, which shall be held within 90 calendar days after receipt of a complete and accurate application. Notice shall be given and the hearing shall be held in accordance with section 22-329. All hearings shall be open to the public.

(e)

Time limit for decision. The zoning board of appeals shall decide upon all matters within 180 calendar days after receipt of a complete and accurate application. The decision of the zoning board of appeals shall be in the form of a resolution containing a full record of its findings and determinations in each case. The time limit may be extended by written agreement between the applicant or appellant and the zoning board of appeals.

(f)

Meetings. Meetings of the zoning board of appeals shall be held at the call of the chair and at such other times as the zoning board of appeals in its rules might specify.

(1)

Minutes shall be kept of each meeting and the board shall record into the minutes all findings of fact, conditions of approval, facts, and other relevant factors, and all its official actions.

(2)

The vote of each member upon a question, or absence or abstention, shall be recorded into the minutes of the meeting.

(3)

All meetings and records shall be open to the public. All minutes shall be filed in the offices of the city clerk.

(Ord. No. 15-315, § 1, 4-27-15)

An appeal may be taken to the zoning board of appeals by any person, or by any officer, department, board or bureau, affected by a decision of the zoning administrator. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the city clerk and with the zoning board of appeals a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board of appeals, after 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 a court of record.

(Ord. No. 15-315, § 1, 4-27-15)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have the power to act on those matters where this chapter provides for an administrative review, interpretation, special approval permit and to authorize a variance as defined in this section and laws of the state. Such powers include:

(a)

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 chapter.

(b)

Dimensional variance; conditions governing application procedures. To authorize a dimensional variance from the terms of this chapter upon appeal in specific cases as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulties. A variance from the terms of this chapter shall not be granted by the zoning board of appeals unless and until a public hearing shall be held with notice as provided in section 22-329.

(c)

Interpretation of unspecified land uses; use variance. It is recognized that it is neither possible nor practical to list all the potential land uses which may be compatible with those uses indicated and intended for the individual zoning districts. Therefore, any other use that is determined by the zoning board of appeals to be of the same general character, compatibility and similarity as the indicated uses by right, may be permitted as a use variance, upon approval and upon such conditions as may be imposed by the zoning board of appeals, provided the use is not mentioned or permitted within another zoning district of this chapter. A use variance from the terms of this chapter shall not be granted by the zoning board of appeals unless and until a public hearing shall be held with notice as provided in section 22-329.

(Ord. No. 15-315, § 1, 4-27-15)

The zoning board of appeals shall require evidence on each of the following and, after hearing the evidence presented by all interested parties, shall make written findings as follows:

(a)

That special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which do not apply to or affect other lands, structures, or buildings in the zoning district.

(b)

That the literal interpretation of the provisions of this chapter applied under these special circumstances have created or will create practical difficulties in the applicant's use of the land, building or structures.

(c)

That the special conditions and circumstances did not result from the actions of the applicant.

(d)

That the variance is the minimum variance necessary to alleviate the practical difficulties in the applicant's use of the land, building or structure.

(e)

That the granting of the variance will be in harmony with the general purposes and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. This finding shall include, but not be limited to, findings that the proposed variance will not:

(1)

Impair an adequate supply of light and air to adjacent properties.

(2)

Unreasonably increase the congestion of traffic in the public streets.

(3)

Increase the danger of fire or endanger the public safety.

(4)

Unreasonably diminish or impair established property values within the surrounding area.

(Ord. No. 15-315, § 1, 4-27-15)

Notwithstanding anything contained herein to the contrary:

(a)

The existence of nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of lands, structures or buildings in other districts shall not be considered grounds for the issuance of a variance.

(b)

The zoning board of appeals shall not grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in such district.

(c)

Hardships based solely on economic considerations are not grounds for a variance.

(d)

The zoning board of appeals shall interpret the provisions of this 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.

(e)

The zoning board of appeals shall permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the planning commission.

(f)

The zoning board of appeals shall 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.

(g)

The zoning board of appeals shall 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.

(h)

The zoning board of appeals shall permit temporary building in nonresidential districts for periods not to exceed six months.

(Ord. No. 15-315, § 1, 4-27-15)

In exercising the powers confirmed herein, the zoning 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 zoning administrator from whom the appeal is taken.

(a)

An appeal may be taken by any person aggrieved or by any office, department, board, or bureau of the city, county, or state. The zoning board of appeals shall state the grounds of each determination.

(b)

The zoning board of appeals may pose reasonable conditions on an affirmative decision as deemed necessary, but also satisfying all the following requirements.

(1)

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

(2)

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

(3)

Be necessary to meet the intent and purposes of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under construction, and be necessary to insure compliance with those standards.

(Ord. No. 15-315, § 1, 4-27-15)

Notice of the public hearing shall be required in accordance with the following:

(a)

All interested parties who, in the opinion of the board, may be affected by any matter brought before it, which shall in all cases include all persons to whom any real property within 300 feet of the premises in question shall be assessed and the occupants of all single- and two-family dwellings within 300 feet, shall be given notice of the public hearing. Such notice shall be either delivered personally or by first class 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.

(b)

The notice shall be published once in a newspaper of general circulation in the city.

(c)

The notice shall be published, and mailed or personally delivered in accordance with the requirements of this section not less than 15 days before the hearing date when the application will be considered.

(Ord. No. 15-315, § 1, 4-27-15)

(a)

No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a zoning compliance permit for such erection or alteration is obtained within such period, and such erection or alteration is stated and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the zoning board of appeals, permitting a use of a building or premises shall be valid for a period longer than six months unless such use is established within such period; provided, however, that such order shall continue in force and effect if a zoning compliance permit for such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 15-315, § 1, 4-27-15)