The Zoning Board of Appeals is authorized by the provisions of the City and Village Zoning Act, being Act 207 of the Public Acts of 1921, as amended, which states that the City Council may act as a Zoning Board of Appeals or the City Council may appoint the Zoning Board of Appeals. The Board of Appeals shall be appointed in accordance with Section 5 of Act 207. Such Board of Appeals shall consist of not less than five members, and it may fix rules and regulations to govern its procedure.

(Ord. 52. Passed 6-16-97.)

   The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirements, decision, or determinations made by an administrative official charged with the enforcement of this Zoning Code. The Zoning Board of 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 Zoning Code, but does have the power to act on those matters where this Zoning Code provides for administrative review or interpretation and to authorize a variance after proper review and public hearing. Any decision of the Zoning Board of Appeals, after following correct and lawful procedure, shall be final after the expiration of five days from the date of entry of such decision unless the Zoning Board of Appeals 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.

(Ord. 52. Passed 6-16-97.)

   (a)   For each case in which the Zoning Board of Appeals has the authority to act on matters concerning interpretation, administrative review, or a variance, the Board of Appeals shall conduct a public hearing.

   (b)   Each public hearing shall be announced not less than fifteen days prior to the date of the hearing by publication in a newspaper of general circulation in the community and by personal delivery or by United States mail to the appellant, to the officer from whom the appeal is taken, to the respective owners on record of real property within 300 feet of the property in question, and to the occupants of all single and two family dwellings within 300 feet at the addresses given in the last assessment roll. If the tenant's name is not known, the term "occupant" may be used.

(Ord. 52. Passed 6-16-97.)

   The Zoning Board of Appeals shall have the power to authorize specific variances or departures from this Zoning Code, if all of the basic conditions are satisfied, and if there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Zoning Code. A variance from the dimensional requirements of this Zoning Code may only be granted if it is determined that all basic conditions have been satisfied and that there is a practical difficulty in carrying out the requirement. A variance from the use requirements of this Zoning Code may only be granted if it is determined that all basic conditions have been satisfied and that there is an unnecessary hardship created by those use restrictions. Use variances may only be granted by an affirmative vote of two thirds of the Board's members.

      (1)   The spirit of this Zoning Code shall be observed, public safety secured, and substantial justice done.

      (2)   There is no substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.

      (3)   The difficulty or hardship relating to the property is not so general or recurrent in nature that the formulation of a general regulation for such conditions is preferable.

      (4)   The practical difficulties or unnecessary hardships are unique to the property under consideration and not to the general neighborhood, and shall apply only to property that is under the control of the applicant.

      (5)   It shall be necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

      (6)   There is a clear showing of an unnecessary hardship in that the property as a whole cannot reasonably be put to a use authorized by this Zoning Code.

      (7)   The alleged hardship or difficulty is not solely economic, and is based on the reasonable use of a particular parcel of land.

      (8)   It may be denied where the alleged practical difficulties or unnecessary hardships resulted from an act of the applicant, or a person in privity or concert with the applicant.

      (1)   Extend a district where the boundary line of a district divides a lot of record in single ownership at the time of adoption of this Zoning Code;

      (2)   Interpret or apply this Zoning Code where the street layout actually on the ground varies from the street layout as shown on the District Map.

      (3)   Permit the alteration or enlargement of an existing building associated with a nonconforming use under Section 1276.04, or permit the increase in intensity of use of a nonconforming use under Section 1276.05, where:

         A.   The change will not unreasonably delay future probability of compliance with this Zoning Code.

         B.   There will be greater compliance with this Zoning Code or, in the alternative, with the Building Code or other applicable ordinances if the change is permitted, and such compliance is the maximum which can be reasonably expected. The change will not detract from any historical or unique architectural qualities of the building.

         C.   The change will not be detrimental to or tend to alter the character of the neighborhood.

      (4)   Permit a change in use of a nonconforming use under Section 1276.05 to another nonconforming use which is more nearly conforming to the use restrictions of this Zoning Code. After a change in use has been permitted, the use shall not be changed back to the former nonconforming use or to any less conforming use. Such a change in use may be permitted only where:

         A.   The change in use will not unreasonably delay future probability of compliance with this Zoning Code.

         B.   There will be greater compliance with this Zoning Code if the change is permitted, and such compliance is the maximum which can reasonably be expected.

         C.   The change will not be detrimental to the neighborhood or tend to alter the character of the neighborhood.

(Ord. 002-2015. Passed 12-21-15.)