A.

The zoning board of appeals is established in accordance with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended. The board shall consist of three regular members, appointed by the city council: one member shall be a member of the planning commission, one member may be a member of the city council and the remaining members shall be residents of the City of Norway. The term for planning commission or city council member shall be limited to the time serving as a member of the respective board.

B.

The city council may appoint not more than one alternate member to the zoning board of appeals for the same term as regular members. The alternate may be called to serve in the absence of a regular member if a regular member is absent or will be unable to attend one or more meetings. 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 a regular member has abstained for reasons of conflict of interest; the alternate member shall serve in the case until a final decision is made. When called to serve on the zoning board of appeals, the alternate member has the same voting rights as a regular member of the zoning board of appeals. One alternate shall be a resident of the city.

C.

The term of office of the first members appointed shall be one, two, and three years respectively, so as nearly as possible to provide for the appointment of an equal number of members each year. After the initial appointments, each member shall hold office for a three-year term.

A.

The zoning board of appeals may adopt rules and regulations to govern its procedures.

B.

The concurring vote of two-thirds (two) of the members of the zoning board of appeals shall be necessary to revise any order, requirements, decision or determination of the zoning administrator or to decide in favor of an applicant any matter upon which they are required to pass under this Ordinance or to effect any variation in this Ordinance.

C.

The concurring vote of two-thirds (two) of the members of the zoning board of appeals shall be necessary to grant a variance from uses of land permitted in this Ordinance.

D.

Minutes shall be kept of each meeting and the board shall record into the minutes all findings, conditions, facts and other relevant factors, including the vote of each member upon any question or if absent or failing to vote indicating such fact, and all of its official actions. All meetings and records shall be open to the public. All minutes shall be filed with the city clerk.

E.

The zoning board of appeals shall fix a reasonable time and date for a hearing when a hearing is required under this Ordinance. The board shall give due notice of the hearing by regular mail to the parties of interest and to owners of adjacent property in accordance with the provisions of section 1403. The zoning board of appeals shall decide the appeal within a reasonable time.

A.

The zoning board of appeals shall perform its duties and exercise its powers as provided in the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, so that the objectives of this Ordinance shall be attained, the public health, safety, and welfare secured, and substantial justice done.

B.

The zoning board of appeals shall hear and decide only those matters which it is specifically authorized to hear and decide:

1.

Interpret, upon request, the provisions of this Ordinance in such a way as to carry out the intent and purpose of this Ordinance.

2.

Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision made by the zoning administrator.

3.

Determine the parking space requirements of any use not specifically mentioned either by classifying it with one of the groups listed in section 802 or by an analysis of the specific needs; consider use of share off-street parking spaces.

4.

Determine if a use is similar to an expressly permitted (either by right or conditionally) use within a specific district.

5.

Hear and decide appeals from and review any orders, requirements, decisions or determinations made by the zoning administrator.

6.

Hear and decide appeals of the granting or denial of conditional use permits.

7.

Consider requests for variances.

A.

The zoning board of appeals is authorized to grant upon appeal in specific cases a variance from the terms of this Ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would, with respect to non-use (dimensional) variances result in practical difficulties to the applicant.

B.

If development as a result of a variance has not commenced within one year from the date of issuance, the variance shall automatically expire. Upon request of the applicant, the zoning administrator may approve an extension for one additional year.

C.

A non-use variance shall not be granted unless the zoning board of appeals finds:

1.

The dimensional zoning requirements cannot be physically met by an existing lot due to its shape or natural characteristics. The physical hardship is unique and is not shared by neighboring properties in the same district and that the special conditions and circumstances do not result from actions of the applicant.

2.

That all fees in accordance with the duly adopted "Schedule of Fees" to cover the administrative costs of such application have been paid.

3.

That proper notice of a public hearing as required in section 1403 has been given.

4.

The public hearing shall be held allowing any party the opportunity to appear in person, or by a duly authorized agent or attorney. At the public hearing the zoning board of appeals shall make a finding that the reasons set forth in the application justify the granting of the variance and shall make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

5.

In granting any variance, the zoning board of appeals shall be guided by the administrative standards in section 1402(C). The zoning board of appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under section 1408.

D.

A use variance shall not be granted by the zoning board of appeals.

A.

Appeals concerning interpretation of the administration of this Ordinance or for the granting or denial of a conditional use permit shall be made by filing a notice of appeal specifying the grounds thereof with the zoning administrator within 30 days from the occurrence of the contested action. The zoning administrator shall transmit to the board copies of all papers constituting the record upon which the action appealed was based upon.

B.

Payment of a fee in accordance with the duly adopted "Schedule of Fees" to cover costs of processing the notice of appeal.

C.

Any party or parties may appear at the hearing in person or by agent or attorney.

D.

The zoning board of appeals may reverse, affirm or modify an order, requirement, decision or determination made by the zoning administrator or planning commission, as authorized elsewhere in this Ordinance. All actions taken by the zoning board of appeals must be in conformance with this Ordinance.

E.

The zoning board of appeals shall decide upon all matters within a reasonable time. The decision of the board shall be in the form of a resolution containing a full record of its findings and determinations in each case.

F.

An appeal shall stay all proceedings in furtherance of the action appealed, unless the zoning administrator certifies to the board that a stay would in his opinion, cause imminent peril to life or property, in which case the proceedings should not be stayed, other than by a restraining order granted by the courts.

All questions concerning application of the provisions of this Ordinance shall first be presented to the zoning administrator. Such questions shall be presented to the zoning board of appeals only on appeal from the decisions of the zoning administrator. Recourse from decisions of the zoning board of appeals shall be to the Circuit Court of Dickinson County, as provided by law. An appeal under this section shall be filed within 30 days after the zoning board of appeals certifies its decision in writing or approves the minutes of its decision.