There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its powers as provided by Act 207, Public Acts of 1921, as amended, in such a manner that the objectives of this Ordinance shall be observed, public safety, morals and general welfare assured, and substantial justice done. The Zoning Board of Appeals shall consist of seven (7) members as follows:

A.

The first member shall be a member of the City Planning Commission.

B.

The remaining members shall be selected and appointed by the City Commission, of which members shall be representative of the population distribution and of the various interests present in the City. An elected officer of the City shall not serve as Chairman of the Zoning Board of Appeals. Further, an employee or contractor of the City Commission may not serve as a member or an employee of the Zoning Board of Appeals.

C.

The terms of each member shall be for three (3) years. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

D.

The City Commission may appoint two alternate members for the same term as regular members of the Zoning Board of Appeals. An alternate member may be called to serve in the place of a regular member if the regular member will be absent or 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 Zoning Board of Appeals.

E.

Members of the Zoning Board of Appeals shall be removable by the City Commission for non-performance of duty or misconduct in office upon written charges after public hearing. A member shall disqualify him or herself from a vote in which there exists a conflict of interest. Failure of a member to disqualify him or herself from a vote in which there is a conflict of interest shall constitute misconduct in office.

F.

The Zoning Board of Appeals shall not conduct business unless a majority of the members of the Board are present.

G.

The members of the Zoning Board of Appeals shall be appointed by the Mayor, with confirmation from the City Commission, at a regularly called meeting. The Zoning Board of Appeals may elect one of its members as Chairman, Vice Chairman and Secretary. The Board of Appeals shall submit an annual report of its proceedings to the City Commission documenting the case approval/denial rate for the year, as well as a proposed budget for the Board's consideration in appropriating necessary monies to the ZBA.

(ord. eff. April 24, 2021)

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

A.

To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Community Development Department or Planning Commission in the administration or enforcement of this Ordinance.

B.

To grant variances from the provisions of this Ordinance as may be in harmony with its general purpose and intent so that the function of this Ordinance be observed, public safety and welfare secured, and substantial justice done, including the following:

1.

Interpret the provisions of the Ordinance in such a way as to carry out the intent and purpose of the plan as shown in the use districts accompanying the Zoning Map.

2.

Permit such modification of the height, setback and area regulations as may be necessary to secure and 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 improved without such modification.

3.

Permit the phasing of required site plan improvements where the cost of the required improvements are relatively high in relation to the total cost of the applicants development or addition. Planning Commission recommendations shall be required, together with a bond in the amount of the deferred improvements.

4.

The Zoning Board of Appeals shall not have the right to review an appeal to a decision made by the City Planning Commission for cases involving Special Land Use or Planned Unit Development.

(ord. eff. April 24, 2021)

Meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine or specify in its rules of procedure. All hearings conducted by said Board shall be open to the public. The Zoning Board of Appeals shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating said fact; and shall file a record of its proceedings in the Office of the City Clerk, and shall be a public record.

(ord. eff. April 24, 2021)

These procedures are instituted to hear and decide appeals from and review an order, requirement, decision or determination made by an administrative official or commission charged with the administration or enforcement of the City Zoning Ordinance.

A.

An appeal shall be filed with the officer from whom the appeal is taken and with the Zoning Board of Appeals specifying the ground for the appeal. The applicant shall file with the Zoning Board of Appeals, in writing or on forms furnished by the Community Development Department, giving notice of appeal and specifying the grounds thereof.

1.

The officer from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the appeal is taken.

2.

Such appeal may be taken by any person aggrieved by any officer, department, commission, board or agency of the City charged with the administration or enforcement of this Ordinance.

3.

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. 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 power of the officer from whom the appeal was taken and may issue or direct issuance of a permit. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such Ordinance, the Board shall have the 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 Zoning Board of Appeals shall be final. However, a person having an interest affected by the Zoning Ordinance may appeal to the circuit court which shall review the record prepared by the Zoning Board of Appeals consistent with the provisions of Section 5 (11) of Act 207, Public Acts of 1921, as amended.

4.

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 or Commission.

5.

All actions of the Board shall be stated in writing.

(ord. eff. April 24, 2021)

These variance review procedures are instituted to provide an opportunity for the relaxation of the terms of the Zoning Ordinance where a literal enforcement of the Ordinance would result, through no fault of the applicant, in practical difficulties or unnecessary hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in adjoining zoning districts.

A.

An application for the approval of a variance shall be made by an owner of an interest in the site to the Community Development Department, accompanied by the necessary fees and documents, as provided in this Ordinance.

B.

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:

C.

Dimensional elements for which a variance is requested.

D.

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

E.

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

1.

How the strict enforcement of the provisions of the City Zoning Ordinance would cause practical difficulty and/or unnecessary hardship and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

2.

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

3.

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.

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

5.

Why the requested variance will not be contrary to the spirit and intent of this Zoning Ordinance.

F.

The Community Development Department shall notify the applicant and all owners of an interest in lots, as recorded on the City tax roll, and within three hundred (300') feet of the subject lot upon which a variance is requested, of the time and place of the Zoning Board of Appeals meeting at which such application will be considered, provided, however, such notice shall be given not less than seven (7) days before such meeting.

G.

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 forty-five (45) days after receipt of the application by the Community Development Department and hear and question any witness appearing before the Board. Applications for ZBA review shall be submitted to the Community Development Department a minimum of thirty (30) days prior to the date of the meeting to qualify for said meeting's agenda.

H.

The Board shall approve, with or without conditions, or disapprove the application and shall communicate its action, in writing, to the Community Development Department within one (1) week from the time of the meeting at which it considered the application.

1.

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

a.

The strict enforcement of the Zoning Ordinance would cause practical difficulty and/or 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 are unique to the subject property and are not similarly applicable to other properties in the same zoning district.

c.

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.

d.

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

e.

The requested variance will not be contrary to the spirit and intent of the City Zoning Ordinance.

f.

The Community Development Department shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

(ord. eff. April 24, 2021)

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 (6) months, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. The applicant may file, in writing, a request for an extension of said Zoning Board of Appeals approval of up to one hundred and eighty (180) days. The request shall be filed at the Community Development Department. The Community Development Director reserves the right to deny such request.

B.

No order of the Zoning Board of Appeals permitting a use of a building or land shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with such permit.

(ord. eff. April 24, 2021)