A.

There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in the Zoning Act.

B.

The board shall consist of seven members appointed by the council. Each member shall hold office for a three-year term.

C.

Alternates:

1.

The council may appoint not more than two alternate members for the same term as regular members of the board.

2.

An alternate member may be called to sit as a regular member of the board in the absence of a regular member or to serve in place of a regular member for the purpose of reaching a decision in a case where the regular member has abstained for reasons of conflict of interest.

3.

The alternate member having been called shall serve on the board until a final decision is made on the application for which the member was called.

4.

When serving as a member, an alternate member shall have the same voting rights as a regular member of the board.

(Ord. No. 03-01 (Exh. A, § 42-700), 2-18-2003)

A.

All meetings of the zoning board of appeals shall be held at the call of the chairperson or at any time as the board may determine.

1.

Four members of the board shall constitute a quorum for the conduct of its business.

2.

Applications submitted to the board shall consist of the following, as applicable:

a.

An application form, as provided by the city.

b.

A scaled drawing, if applicable, with sufficient detail to indicate the nature and necessity of the request.

c.

Payment of a fee, as may be prescribed from time to time by the council, by resolution. The fee shall be paid to the city treasurer at the time of the filing of the application.

d.

The city or the board, in furtherance of decisions related to the application, may request other such materials as may be deemed necessary.

3.

[Reserved.]

4.

The board may subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(Ord. No. 03-01 (Exh. A, § 42-701), 2-18-2003)

State Law reference— Public meetings required, MCL 125.585a, MSA 5.2935(1); similar provisions, MCL 125.585(5), (7), (8), MSA 5.2935, (5), (7), (8).

A.

Appeals.

1.

An appeal may be taken from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by the director or other administrative official or body charged with the enforcement of any ordinance adopted pursuant to the Zoning Act.

2.

An appeal shall be taken filed with the board within the time period prescribed by the board by general rule. The filing shall specify the grounds of the appeal. The appeal shall be transmitted to the board together with all the papers constituting the record upon which the action being appealed is taken.

3.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the director of department of community development certifies to the board, after notice of appeal has been filed, that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.

4.

The board shall select a reasonable time and place for hearing the appeal, give due notice thereof to the parties, and render a decision on the appeal without unreasonable delay. A person may appear and testify at the hearing, whether in person or by duly authorized agent or attorney.

5.

In deciding the appeal, the board shall be limited to determining whether or not the decision that was made was done so using the proper standards and guidelines in the ordinance. The decision of the board is limited to the information that was available to the administrative official or body who made the decision initially. Additional testimony is not appropriate.

6.

If a determination is made that the administrative official or body making the decision did so improperly, the board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal was taken.

7.

The board may hear and decide appeals from the decisions of the director pertaining to interpretations of the zoning map to determine the precise location of boundary lines between zoning districts. In making its determination of the boundary lines, the board shall be governed by the rules of this section and the provisions of section 42-162.A.

B.

Variances: The board, after public hearing shall have the power to decide applications for variances filed as provided in this division.

1.

Non-use variance: A non-use variance may be allowed by the zoning board of appeals only in cases where there is evidence of practical difficulty in the official record of the hearing and that all of the following conditions are met:

a.

That there are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions may include:

(1)

Exceptional narrowness, shallowness or shape of a specific property on the effective date of this article; or

(2)

By reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or

(3)

By reason of the use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this article would involve practical difficulties.

b.

That the variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility that compliance with this article may prove to be more expensive shall not be part of the consideration of the board.

c.

The variance will not be detrimental to adjacent property and the surrounding neighborhood.

d.

The variance will not materially impair the intent and purpose of this article.

e.

That the immediate practical difficulty causing the need for the variance request was not created by the applicant.

2.

Use variances: The zoning board of appeals shall not grant a use variance unless there is evidence of unnecessary hardship in the official record of the hearing that all of the following conditions are met:

a.

That the condition, location, or situation of the specific piece of property or of the intended use of the property is unique to that property and the zoning district in which it is located.

b.

That the building, structure or land cannot be reasonably used in a manner consistent with the uses allowed in the zoning district in which it is located.

c.

That the use variance will not alter the essential character of the neighborhood or the intent of the comprehensive plan, nor be a detriment to adjacent properties.

d.

The variance will not materially impair the intent and purpose of this article or the district in which the property is located.

e.

That the immediate unnecessary hardship causing the need for the variance request was not created by the applicant.

C.

Interpretations.

1.

Text: The board may hear and decide upon requests for the interpretation of the provisions of this chapter.

a.

Text interpretations shall be narrow and address only the situation be[ing] interpreted, be based on a thorough reading of this chapter and not have the effect of amending this chapter.

b.

Interpretations shall give weight to practical interpretations by the director and other administrative officials if applied consistently over a long period of time.

c.

Records shall be kept of all interpretations.

d.

Where the intent of this chapter is unclear and the facts cannot be read to support only one interpretation, the benefit of doubt shall go to the property owner.

2.

Nothing contained in this section shall be construed to give or grant to the board the power or authority to alter or change this article or the zoning map.

D.

Temporary uses.

1.

The board, upon application may permit uses not otherwise permitted in the district on a temporary basis, for a period of up to not more than 12 months, except that the board may grant one extension of up to 12 months after further review.

2.

The board in granting permits for temporary uses, shall do so under the following conditions:

a.

The temporary use shall not require the erection of any capital improvements of a structural nature. In classifying uses as not requiring capital improvements, the board shall determine that they are either demountable structures relating to the permitted use of the land; temporary recreational developments such as but not limited to golf driving ranges, outdoor archery courts or amusement rides; or other structures which do not require foundations, heating systems or permanent sanitary or other permanent utility connections.

b.

The board shall establish all setbacks, land coverage, off-street parking, lighting and other requirements to be met. In determining these requirements, the board shall consider the protection of adjacent properties, the public health, safety, and general welfare of the residents of the city.

c.

The use shall be in harmony with the general intent of the district in which it is proposed and will be located.

d.

The temporary use, if granted, shall be in writing, providing all conditions as to the nature of development permitted, the length of time permitted, hours of operation, any special conditions imposed by the board, and arrangements for removing the use at the termination of such temporary permit.

(Ord. No. 03-01 (Exh. A, § 42-702), 2-18-2003)

State Law reference— Appeal powers, MCL 125.585(3).

A.

Hearings:

1.

The zoning board of appeals shall conduct a public hearing prior to making any determinations permitted by this article.

2.

Notice of a hearing shall be given in accordance with the Zoning Act, as applicable, not less than 15 days before the date of the hearing.

3.

Notices shall be delivered personally or by mail addressed to the parties at the addresses given in the last assessment roll or by any other matter required by the Zoning Act.

4.

The board may require notices to other interested parties, as it shall prescribe.

B.

Voting requirements: The concurring vote of at least four members of the board is necessary to decide matter upon which the board is authorized by this article to render a decision, except that the concurring vote of at least five members of the board is necessary to grant a use variance as permitted in this article.

C.

Decisions:

1.

In making any decision provided for in this article, the board may attach thereto such conditions regarding the location, character and other features of the application as it may deem reasonable in furtherance of the intent and spirit of this article and the protection of the public interest or as otherwise permitted by law.

2.

Any decision of the board shall not become final until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the board, unless the board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

3.

The decision of the board of appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to the circuit court on questions of law and fact.

4.

Any approval given by the board under which the premises are not used or work is not started within 12 months, or when the use or work has been abandoned for a period of six months, shall lapse and cease to be in effect.

5.

No application which has been denied wholly or in part by the board shall be resubmitted for a period of one year from the date of the last denial, unless permitted by the board after a demonstration by the applicant of a change of circumstances from the previous application.

(Ord. No. 03-01 (Exh. A, § 42-703), 2-18-2003; Ord. No. 09-03, 4-14-2009; Ord. No. 19-04, 10-15-2019)