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 the strict application of this chapter, that the spirit of this chapter be observed, public safety secured and substantial justice done.

(Ord. 188, eff. 2-25-1981)

   The City Council shall appoint a Board of Zoning Appeals, hereinafter sometimes referred to as the Board, while Board shall have the powers and duties prescribed by law and by this chapter. The City Council shall also have the power to appoint itself as the Board of Zoning Appeals.

(Ord. 188, eff. 2-25-1981)

   A.   A Board of Zoning Appeals is established in accordance with Public Act 207 of 1921, as amended. 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 Commission from the electors residing in the city. In addition to the five regular members, the Council shall appoint two alternate members to serve the same term as regular members. Alternate members may be called on a rotating basis to sit as regular members in the absence of a regular member. Alternate members 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. The alternate member having been appointed shall serve in the case until a final decision has been made. Alternate members shall have the same voting rights as regular members.

   B.   Members may be reappointed. An elected officer of the city shall not serve as Chairperson of the Board of Zoning Appeals. 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 of Appeals shall be removable by the City Council for nonfeasance, malfeasance and misfeasance of office. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure to do so shall constitute misconduct in office. If the City Council sits as the Board of Zoning Appeals, its membership shall consist of duly elected members of the Council.

(Ord. 188, eff. 2-25-1981)

   A.   Rules of procedure. The Board of Zoning Appeals may 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 Board of Zoning Appeals shall be held at the call of the Chairperson and at other times as the Board, in its rules of procedure, may specify. A majority of the total membership of the Board shall comprise 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 and the final ruling on each case. The Board of Zoning Appeals shall file its minutes in the office of the City Clerk.

(Ord. 188, eff. 2-25-1981)

   The Board of Zoning 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 207 of 1921, as amended. The Board of Zoning 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 Board of Zoning Appeals may reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination of the Building Inspector, Planning Commission or any official administering or enforcing the provisions of this chapter as set forth in § 53-201.

(Ord. 188, eff. 2-25-1981)

   A.   The Board of Zoning Appeals shall hear the following specified categories of appeals in accordance with the following standards.

      1.   Administrative review. The Board of Zoning 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 Building Inspector or by any other official in administering or enforcing the provisions of this chapter.

      2.   Interpretation of the ordinance. The Board of Appeals shall hear and decide upon request 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 the request, the Board of Zoning Appeals shall ensure that its interpretation is consistent with the intent and purpose of this chapter and the article 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 Building Inspector;

         c.   Classify a use which is not specifically mentioned as 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; and

         d.   Determine the parking space requirements of any use not specifically mentioned either by classifying it with one of the groups listed by an analysis of the specific needs or developing a requirement based on evaluation of documented need.

      3.   Variance. The Board of Zoning Appeals shall have the power to authorize specific variances 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, of this chapter; provided that, all the required findings listed below are met:

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

         b.   A genuine hardship exists because of unique circumstances or physical condition 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 uses in the same zoning district and shall not be recurrent in nature;

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

         d.   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;

         e.   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;

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

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

   B.   In granting the variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of the conditions and safeguards, when made 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 the variance or permit has commenced within six months of granting of the variance; and/or

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

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

(Ord. 188, eff. 2-25-1981)

   A.   Notice of appeal. Appeals to the Board of Zoning Appeals may be made by any person aggrieved or by an officer or department of the city, filing a written notice of appeal with the City Clerk. Upon receipt of a notice of appeal, the City Clerk shall promptly transmit the records concerning the appealed action to the members of the Appeals Board. Any appeal from the ruling of the Building Inspector concerning the enforcement of the provisions of this chapter shall be filed within ten days after the date of the Building Inspector’s decision.

   B.   Hearing. Upon receipt of a notice of appeal, the Chairperson of the Board of Appeals shall fix a reasonable time and date for a public hearing, not to exceed 30 days from the date of filing of the notice of appeal. Upon determination of the date and time of the public hearing, the City Clerk shall notify the following, by first class mail or by personal service, not more than 15 or less than eight days before the public hearing:

      1.   The appellant;

      2.   The Building Inspector;

      3.   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 30 feet;

      4.   The Mayor; and

      5.   The City Manager.

   C.   Notice of hearing. Where the hearing, in the opinion of the City Clerk, concerns matters of general applicability in the city and does not concern only individual lots or parcels, the notice shall be given in a newspaper of general circulation in the city not more than 15 or less than eight days before the public hearing.

   D.   Appearance. Upon the hearing, any party may appear in person or by agent or attorney. The Board may recess the hearing from time to time, and, if the time and place of the continued hearing are announced at the time of adjournment, no further notice shall be required.

   E.   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 the fee is to cover the necessary advertisements, investigations, hearing records and other expense 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.

   F.   Decision. The 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 is agreed upon by the appellant and a majority of members of the Appeals Board present. The vote of a majority of members of the Board shall be necessary to take action on an appeal.

   G.   Bonding. In authorizing any variance or in granting any conditional, temporary or special approval permits, the Board may require that a cash deposit, certified check, irrevocable bank letter of credit or surety bond acceptable to the city covering the estimated cost of improvements associated with a project for which zoning approval is sought, be deposited with the City Clerk to insure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing then activity or project. The Board may not require the deposit of the performance guarantee before the date on which the permit is to be issued. The Board shall establish procedures under which a rebate of any cash deposits in reasonable proportions to that ratio of work completed on the required improvements will be made as work progresses.

(Ord. 188, eff. 2-25-1981)

   A.   Procedure and criteria.

      1.   The Building Inspector is authorized to grant an administrative variance to the provisions of this chapter in an amount not to exceed a 10% variation from the site development standards, parking and loading requirements and the specific provisions and requirements contained in this chapter.

      2.   Upon receipt of a request for an administrative variance, the Building Inspector shall prepare a report of the situation and all factual data concerning the site in terms of the criteria stated in this chapter. Upon completion of the report, the Building Inspector shall determine whether or not the request meets the above stated criteria and shall approve or deny the request exclusively on that basis. Decisions rendered by the Building Inspector shall be in the form of a letter which states specifically a determination on each of the items contained in § 53-185 of this chapter, with reference to the above mentioned report.

      3.   The City Manager may assist the Building Inspector in the implementation of the administrative variance. This may include accompanying the Building Inspector on a site visit, providing the inspector with information, discussing the details of the situation with the inspectors or acting to expedite the process in lieu of the availability of the Building Inspector. If an administrative variance is granted by the City Manager, a report of the action must be provided to the Council stating the reason for the action taken.

   B.   Appeals. The decision of the Building Inspector may be appealed to the Board of Appeals pursuant to § 53-186.

(Ord. 188, eff. 2-25-1981)

   A.   Variances from the provisions of Article XIV, Flood Hazard Areas, shall only be granted by the Board of Zoning Appeals upon a determination of compliance with the general standards for variances contained in this chapter and each of the following specific standards.

      1.   A variance shall be granted only upon:

         a.   A showing of good and sufficient causes;

         b.   A determination that failure to grant the variance would result in an exceptional hardship to the applicant; and

         c.   A determination that the granting of a variance will not result in a harmful increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing laws or ordinances.

      2.   The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

   B.   The Board of Zoning Appeals may attach the conditions to the granting of a variance to ensure compliance with the standards contained in this chapter.

   C.   Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Historic Markers listing of historic sites or any other state register of historic places without regard to the requirements of this section governing variances in flood hazard areas.

(Ord. 188, eff. 2-25-1981)

   A.   Where disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the Board of Zoning shall resolve the dispute and establish the boundary location. In all cases, the decision of the Board of Zoning Appeals shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information shall be utilized.

   B.   Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the Board of Zoning Appeals shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.

   C.   All parties to a map dispute may submit technical evidence to the Board of Zoning Appeals.

(Ord. 188, eff. 2-25-1981)

   Any party aggrieved by an order, determination or decision of any officer, agency, board, commission, board of appeals or legislative body of the city which has acted pursuant to the provisions of Public Act 207 of 1921 as amended may obtain a review thereof both on the facts and the law, in the Circuit Court of the county; provided that, all other means of local appeal and review as provided in this chapter have first been exhausted. The Circuit Court shall review the record and decision of the Board of Appeals to ensure that the decision:

   A.   Complies with the constitution and laws of the state;

   B.   Is based upon proper procedure;

   C.   Is supported by competent, material and substantial evidence on the record; and

   D.   Represents the reasonable exercise and discretion granted by the Board of Appeals.

(Ord. 188, eff. 2-25-1981)