The purpose of this article is to ensure that the objectives of this chapter are fully and equitably achieved, that a means be provided for competent interpretation of this chapter, that flexibility be provided for in the strict application of this chapter, that the spirit of the chapter be observed, public safety secured and substantial justice done.

(Code 1991, § 19-71; Ord. No. 83, § 5.01, 4-16-1984)

(a)

A zoning board of appeals is hereby established in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The board shall consist of five members: the chairperson of the planning commission; a member of the city council appointed by the city council; and the remaining members appointed by the city council from the electors residing in the city.

(b)

Members may be reappointed. An elected officer of the city shall not serve as chairperson of the board. An employee of the city may not serve as a member of the board. Members shall be appointed for three-year terms. Members of the board shall be removable by the city council for nonfeasance, malfeasance or misfeasance of office. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure to do so shall constitute malfeasance in office.

(c)

The city council may appoint not more than two alternate members for the same term as regular members of the board. No alternate member may be either a member of the city council or the planning commission. The alternate members may be called as needed, on a rotating basis, to sit as regular members of the board in the absence of a regular member. An alternate member may also be called to serve in the place of 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. An alternate member shall serve on a case until a final decision is made. The alternate member shall have the same voting rights as a regular member of the board.

(Code 1991, § 19-72; Ord. No. 83, § 5.02, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

Rules of procedure. The zoning board of appeals shall adopt rules of procedure for the conduct of its meetings and the implementation of its duties. The board shall annually elect a chairperson, a vice-chairperson and a secretary.

(b)

Meetings and quorum. Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board in its rules of procedure may specify. A majority of the total membership of the board shall constitute a quorum. All meetings shall be open to the public.

(c)

Oaths and witnesses. The chairperson may administer oaths and compel the attendance of any witness in order to ensure a fair and proper hearing.

(d)

Records. The minutes of all meetings shall contain the grounds for every determination made by the board including all evidence and data considered, all findings of fact and conclusions drawn by the board for every case, along with the vote of each member and the final ruling on each case. The zoning board of appeals shall file its minutes in the office of the city clerk.

(Code 1991, § 19-73; Ord. No. 83, § 5.03, 4-16-1984)

The zoning board of appeals shall act upon questions as they arise in the administration of this chapter. The board shall perform its duties and exercise its powers as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor make any change in the terms or intent of this chapter, but does have the power to act on those matters for which this chapter provides an administrative review, interpretation, variance or temporary use permit. Within this capacity the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the zoning administrator, planning commission or any official administering or enforcing the provisions of this chapter as set forth in section 36-71.

(Code 1991, § 19-74; Ord. No. 83, § 5.04, 4-16-1984)

The zoning board of appeals shall hear the following specified categories of appeals in accordance with the following standards:

(1)

Administrative review. The zoning board of appeals shall 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 by any other official in administering or enforcing the provisions of this chapter.

(2)

Interpretation of chapter. The zoning board of appeals shall hear and decide upon requests to:

a.

Interpret the provisions of this chapter when it is alleged that certain provisions are not clear or that they could have more than one meaning. In deciding upon such request, the zoning board of appeals shall ensure that its interpretation is consistent with the intent and purpose of this chapter and the section in which the language in question is contained.

b.

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

c.

Classify a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district. If no comparable use is found, the zoning board of appeals shall so inform the petitioner and indicate that the requested use would only be permitted if this chapter is amended to specifically include it in a particular district and pursuant to particular standards.

d.

Determine the parking space requirements of any use not specifically mentioned either by classifying it with one of the groups listed in article V, division 2 of this chapter, by an analysis of the specific needs. If no comparable use is found, the zoning board of appeals shall so inform the petitioner and indicate that the parking space requirements will have to be established by amendment of this chapter.

(3)

Variance.

a.

The zoning board of appeals shall have the power to authorize specific variance from site development requirements such as lot area and width regulations, building height and bulk regulations, yard width and depth regulations, off-street parking and loading space requirements, and sign requirements of this chapter, provided that all the required findings listed below are met and the record of proceedings of the zoning board of appeals contains evidence supporting each conclusion:

1.

There are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this chapter. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.

2.

A genuine hardship exists because of unique circumstances or physical conditions such as narrowness, shallowness, shape or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district, and shall not be recurrent in nature.

3.

The hardship or special conditions or circumstances do not result from actions of the applicant.

4.

The variance will relate only to property under control of the applicant.

5.

The variance will be in harmony with the general purpose and intent of this chapter and will not cause a substantial adverse effect upon surrounding property, property values and the use and enjoyment of property in the neighborhood or district.

6.

Granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

7.

The variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the hardship.

8.

The variance shall not permit the establishment, within a district, of any use which is not permitted by right within that zoning district, or any use for which a special use permit or a temporary use permit is required.

b.

In granting any variance, the zoning board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations 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 chapter and shall automatically invalidate the permit.

c.

Each variance granted under the provisions of this chapter shall become null and void unless:

1.

The construction authorized by such variance or permit has commenced within six months of granting of the variance.

2.

The occupancy of land, premises or buildings has taken place within one year after the granting of the variance.

d.

No application for a variance which has been denied, wholly or in part, by the zoning board of appeals shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the board to be valid.

(Code 1991, § 19-75; Ord. No. 83, § 5.05, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

The appeal procedures for the zoning board of appeals shall be as set out in MCL 125.3604.

(b)

Fee. A fee as established by the city council shall be paid to the city clerk at the time the petitioner files an application with the board. The purpose of such fee is to cover, in part, the necessary advertisements, investigations, hearing records and other expenses incurred by the board in connection with the appeal. No fee shall be charged if the city or any official body of the city is the moving party.

(c)

Decision. The zoning board of appeals shall render its decision within 30 days of filing of notice of appeal unless an extension of time is necessary to review new information pertinent to making the decision, and the extension is agreed upon by the appellant and a majority of the members of the appeals board present; or in the opinion of a majority of the members of the zoning board of appeals there are other extenuating circumstances which do not reasonably permit a decision within 30 days. The vote of a majority of members, appointed and serving, shall be necessary to take action on an appeal.

(Code 1991, § 19-76; Ord. No. 83, § 5.06, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

Procedure and criteria. The zoning administrator is hereby authorized to grant administrative waivers to the provisions of this chapter in an amount not to exceed a ten percent variation from the site development standards, parking and loading requirements, advertising structure requirements, and the specific dimensional, area, and similar provisions and requirements contained in this chapter. Up to a 20 percent variation from side yard requirements may be permitted. This authority does not extend to waiver or consideration of different land uses within a zoning district. Upon receipt of a request for an administrative waiver, the zoning administrator shall prepare a report of the situation and all factual data concerning the site in terms of what the situation would be if developed pursuant to the standards stated in this chapter, what the situation would be if the administrative waiver were granted, what impacts, if any, on the public and neighboring property owners would result if the administrative waiver were granted, and the conclusion on the waiver request and the rationale for that conclusion. No administrative waiver shall be granted if doing so would create a nuisance or result in significantly more noise, odor, dust, bright or flashing lights, or similar impact on the public or abutting property. Decisions rendered by the zoning administrator shall be in the form of a letter which states specifically a determination on each of the items listed in this subsection. An appeal on any administrative waiver may be made by any affected person to the zoning board of appeals within ten days following the decision. No decision by a zoning administrator on an administrative waiver shall be effective until after this ten-day period has passed. All abutting property owners shall receive notice of any administrative waiver request and when a decision is expected to be made, prior to a determination by the zoning administrator. Abutting property owners may file a written statement on the administrative waiver request with the zoning administrator, but the decision of the zoning administrator shall be based on the standards contained in this section.

(b)

Appeals. The decision of the zoning administrator may be appealed to the board of appeals pursuant to section 36-72.

(Code 1991, § 19-77; Ord. No. 83, § 5.08, 4-16-1984; Ord. No. 83.4, 2-15-1989)