(a)

There is hereby established a Board of Zoning Appeals which shall perform its duties and exercise its powers as provided in Section 5 of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended, and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

(b)

The board shall consist of five regular members and two alternate members appointed by the mayor, by and with the consent of the city commission for three year terms. Each member of the zoning board of appeals must be a resident of the city. Appointed members may be removed for cause by the city commission only after consideration of written charges and a public hearing. An alternate member may be called to sit on the board as a regular member by the chairperson, vice-chairperson or recording secretary 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.

(c)

Should any vacancy occur among the members of the zoning board of appeals by reason of death, resignation, disability, or otherwise, immediate notice thereof shall be given by the recording secretary to the city clerk. Should any vacancy occur among the officers of the zoning board of appeals, the vacant office shall be filed in accordance with the provisions of the rules of procedures, such officer to serve the unexpired term of the office in which such vacancy shall occur.

(Ord. of 10-6-03)

(a)

Procedure. All meetings of the zoning board of appeals shall be held at the call of the chairman and at such times as the board may determine. All hearings conducted by the board shall be open to the public, and shall be governed by Robert's Rules of Order.

(b)

Quorum. At any meeting of the zoning board of appeals a quorum shall consist of three members of the board. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. Only when just four members are present shall the appellant be given the option to delay until a board of more than four members can hear his appeal.

(c)

Order of business. The order of business at meetings shall be as follows:

(1)

Roll call;

(2)

Approval of the minutes of the previous meetings;

(3)

Public hearings;

(4)

Deliberations and determinations;

(5)

Old business;

(6)

New business.

(d)

Speaking. No member or other person shall speak until duly recognized by the chairperson, and he shall immediately cease speaking if ruled out of order. Speakers other than members, after being recognized, shall commence by identifying themselves by name and address.

(e)

Annual meeting. The annual meeting of the zoning board of appeals shall be the first regular meeting in the month of January each year. Such meetings shall be devoted to the election of officers for the ensuing year and such other business as shall be scheduled by the board.

(f)

Regular meeting. Regular meetings of the zoning board of appeals shall be held in the city hall at 7:00 p.m. on the first Thursday of each month. At such meetings, the board shall consider all matters properly brought before it. A regular meeting may be canceled or rescheduled by the board at a prior meeting or by a majority of the members of the board with sufficient public notice of such change. Pursuant to the requirements of section 78-404 limiting the number of appeals to not more than five at any board meeting, a second meeting will be held on the fourth Thursday of the month whenever more than five appeals have been received as required in section 78-405. If a quorum of board members is not present at the regular meeting, the meeting shall be rescheduled to the fourth Thursday of the month.

(g)

Special meetings. Special meetings of the zoning board of appeals shall be held at a time and place designated by the officer calling the same, and shall be called by the chairperson, vice-chairperson, or recording secretary with the permission of a majority of the members of the board, which permission may be obtained by telephone. Sufficient notice thereof as required by law or the rules of procedures shall be given by the recording secretary.

(h)

Adjourned meetings. The zoning board of appeals may adjourn a regular or special meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such meeting if the time and place of its resumption is stated at the time of adjournment and is not changed after adjournment.

(Ord. of 10-6-03)

At all meetings of the zoning board of appeals, each member attending shall be entitled to cast one vote. Voting to pass pursuant to law, shall be by roll call. All other action shall be by voice vote, except when a majority of the members present prefers a roll call or ballot vote. The concurring vote of the members of the board shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the board is required to pass under an ordinance, or to effect a variation in an ordinance except that a concurring vote of ⅔ of the members of the board shall be necessary to grant a variance from uses of land permitted in an ordinance.

(Ord. of 10-6-03)

If any member of the zoning board of appeals shall have a personal interest in a matter when brought before the board, he shall disclose his interest and be disqualified from voting upon the matter, and the recording secretary shall so record in the minutes that no vote was cast by such member. Personal interest includes matters brought before the board by family members, business associates, or close friends of a board member. A conflict of interest arises when the personal interest of a board member creates a situation in which one cannot execute public duties without affecting private interest, thus denying the public the fair, impartial, and objective judgment to which it is entitled.

(Ord. of 10-6-03)

In addition to all other matters properly brought before the board of zoning appeals, the board shall hear and decide appeals from, and review any order, requirement, decision or determination made by the building official in his enforcement of this chapter. The building official shall appear in person to present information to the board when the work has been started before the appeal was brought to the board. All appeals to the board from any order, requirement, decision or determination made by the building official shall be made not later than ten days after the start of construction or alterations or a change in use authorized by any permit or certificate issued by the building official or within 30 days of any action, order, requirement, decision or determination made by the building official.

(Ord. of 10-6-03)

All appeals to the board of zoning appeals from any order, requirement, decision or determination made by the building official, shall be heard, if scheduling permits, at the next regular meeting of the board, if an application for appeal and grounds therefore has been submitted to the building official and the board on or before the third Tuesday of the previous month during regular business hours the recording secretary shall, at least ten days prior to any scheduled hearing, mail all notices that are required.

(Ord. of 10-6-03)

The zoning board of appeals shall make no recommendation except in a specific case and after a hearing conducted by such board. A written notice of the time and place of such public hearing shall be mailed to the owners, at the addresses given in the last assessment roll, of all lots or parcels of land lying within 300 feet of the property in question. Such notices to be delivered personally or by first class mail addressed to the respective owners at the addresses given in the last assessment roll of the city.

(Ord. of 10-6-03)

The city commission may, from time to time, prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. At the time the notice for appeal is filed, such fee shall be paid to the city treasurer.

(Ord. of 10-6-03)

The board of zoning 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 nor to permit any use in a district in which it is not permitted, but does have power to act on those matters where this chapter provides for an administrative review, interpretation or exception and to authorize a variance as defined in this section and laws of the state.

(Ord. of 10-6-03)

The board of zoning appeals shall hear and decide in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the zoning map, and for decisions on special approval situations on which this chapter specifically authorizes the board to pass. Any exception shall be subject to such conditions as the board may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter including the following:

(1)

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.

(2)

Permit the erection and use of a building or use of premises for public utility purposes; provided the board shall seek the review and recommendation of the planning commission prior to taking any action.

(3)

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.

(4)

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.

(5)

Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the city and for periods not to exceed six months in developed sections.

(Ord. of 10-6-03)

Following the hearing of any appeal to the board of zoning appeals, the board shall make a finding of fact upon which they shall base their decision. A finding of fact shall consist of the facts and circumstances relied upon by the board in its determination of an appeal, and shall be based upon the evidence presented to the board. The findings of fact and the decision thereon shall be recorded in the minutes of the meeting.

(Ord. of 10-6-03)

Upon an appeal, the board of zoning appeals is authorized to grant a variance from the strict provisions of this chapter, whereby extraordinary or exceptional conditions of such property, and the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance the board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. Further, in granting a variance, the board shall state the grounds upon which it justifies the granting of a variance as outlined below. When granting any variance, the board must ensure that the spirit of the ordinance is observed, public safety secured, and substantial justice done.

(1)

Use variance. The applicant must present evidence to show that if the zoning ordinance is applied strictly, unnecessary hardship to the applicant will result, and that all four of the following requirements are met:

a.

That the property could not be reasonably used for the purposes permitted in that zone;

b.

That the appeal results from unique circumstances peculiar to the property and not from general neighborhood conditions;

c.

That the use requested by the variance would not alter the essential character of the area; and

d.

That the alleged hardship has not been created by any person presently having an interest in the property.

(2)

Non-use variances. The applicant must present evidence to show that if the zoning ordinance is applied strictly, practical difficulty will result to the applicant and:

a.

That the ordinance restrictions unreasonably prevent the owner from using the property for a permitted purpose;

b.

That the variance would do substantial justice to the applicant as well as to other property owners in the district, and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be more consistent with justice to other property owners;

c.

That the plight of the landowner is due to the unique circumstances of the property; and

d.

That the alleged hardship has not been created by any person presently having an interest in the property.

(Ord. of 10-6-03)

The board of zoning appeals shall adopt a decision on all matters properly brought before it within 90 days from the date of the filing of the appeal.

(Ord. of 10-6-03)

Unless otherwise specified by the board of zoning appeals, all variances granted shall become null and void if not exercised within one year from the date of granting. Also, unless otherwise specified by the board, all variances granted are granted in accordance with the site plan submitted to the board for consideration.

(Ord. of 10-6-03)

Following any decision adopted by the board of zoning appeals, a motion to reconsider may be made at any time during the same meeting, or within five days thereof. The motion may be made only by a member who either voted with the prevailing side or did not vote, and shall be filed in writing with the recording secretary. It may be seconded by any member. No decision shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered. The applicant or aggrieved person who originally appealed to the board shall be given a notice if a motion to reconsider is made and filed in writing with the recording secretary.

(Ord. of 10-6-03)

Any person having an interest affected by this chapter may, upon a change in circumstances or the existence of new evidence for the board of zoning appeals to consider, file for a rehearing which the board may hear if it decides that there has in fact been a change in circumstances or that new evidence does exist.

(1)

Such requests shall be submitted to the building/engineering department in writing, concisely stating the grounds for a rehearing and any new evidence or change of circumstance.

(2)

Such rehearings shall require a renotice at least ten days prior to any scheduled hearing as outlined under section 78-405.

(Ord. of 10-6-03)