Rothbury City Zoning Code
ZONING BOARD
OF APPEALS ZBA
§ 154.380 CREATION.
A Zoning Board of Appeals (ZBA) is hereby created, having the powers authorized under statutes of the state.
(Prior Code, § 154.345) (Ord. 48, passed 6-21-2005)
§ 154.381 MEMBERSHIP.
The ZBA shall consist of five members, appointed by the Village President, subject to confirmation of the Village Council for terms of three years. Appointments of the first members shall be for terms of one, two, and three years, respectively, so as nearly as possible to provide for the subsequent appointment of an equal number of members each year. After the initial appointments, each member shall hold office for the full three-year term. Vacancies shall be filled for the remainder of the unexpired term only.
(Prior Code, § 154.346) (Ord. 48, passed 6-21-2005)
§ 154.382 ALTERNATE MEMBERS.
The Village Council may appoint not more than two alternate members for the same term as regular members of the Board of Appeals. The alternate members may be called on a rotating basis to sit as regular members of the Board of Appeals 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. The alternate member called shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Board of Appeals.
(Prior Code, § 154.347) (Ord. 48, passed 6-21-2005)
§ 154.383 OFFICERS AND RULES OF ORGANIZATION.
(A) The officers of the ZBA shall be the Chairperson, Vice-Chairperson, and Secretary. The ZBA shall adopt its own rules of procedure deemed necessary to carry out the provisions of this section. Officers shall be elected as specified in the rules of organization.
(B) (1) The Board of Appeals shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with the enforcement of an ordinance adopted under this chapter.
(2) The Board of Appeals shall also hear and decide matters referred to the Board or upon which the Board is required to pass under an ordinance adopted under this chapter.
(3) For special land use and planned unit development decisions, an appeal may be taken to the Board of Appeals only if provided for in the Zoning Ordinance.
(Prior Code, § 154.348) (Ord. 48, passed 6-21-2005)
§ 154.384 MEETINGS, MINUTES, AND ATTENDANCE.
(A) Meetings of the ZBA shall be held at the call of the Chairperson, and at such other times as the ZBA may determine. The Chairperson, or in his or her absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the ZBA shall be open to the public. The ZBA shall keep minutes of its proceedings. The Secretary shall maintain a public record of the proceedings of the ZBA, which shall be filed in the office of the Village Clerk. The ZBA shall not conduct business unless a majority of the members of the ZBA are present. The Village Council may authorize the remuneration of the members of the Board for attendance at each meeting.
(B) A writing prepared, owned, used, in the possession of, or retained by, the Board of Appeals or a commission appointed pursuant to § 30.05 in the performance of an official function shall be made available to the public in compliance with Public Act 442 of 1976, being M.C.L.A. §§ 15.231 to 15.246.
(Prior Code, § 154.349) (Ord. 48, passed 6-21-2005)
§ 154.385 APPEALS PROCEDURE.
(A) An appeal shall be taken by general rule, by filing, with the Zoning Administrator, a notice of appeal specifying the grounds for the appeal. The Zoning Administrator shall immediately transmit to the Board all the papers constituting the record from which the action appealed was taken.
(B) Appeals may be taken to the ZBA by any party aggrieved by a decision or order of the Zoning Administrator where it is alleged that there is error or misinterpretation in any order, requirement, or decision made by the Zoning Administrator, or other administrative agency, in the carrying out of the provisions of this chapter.
(C) A notice of appeal specifying the grounds thereof shall be filed with the Secretary of the ZBA within seven days after the date an appeal is filed. The officer from whom the appeal is taken shall promptly serve a copy of the notice with the Secretary of the ZBA.
(Prior Code, § 154.350) (Ord. 48, passed 6-21-2005)
§ 154.386 STAY OF PROCEEDINGS.
(A) An appeal under this section stays all proceedings in furtherance of the action appealed from, unless the officer or body from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the opinion of the officer or body, cause imminent peril to life or property.
(B) If such a certification is filed, the proceedings shall only be stayed by a restraining order.
(C) A restraining order may be granted by the Board of Appeals or by the circuit court, on application, on notice to the officer or body from whom the appeal is taken, and on due cause shown.
(Prior Code, § 154.351) (Ord. 48, passed 6-21-2005)
§ 154.387 HEARINGS.
(A) The business that the Board of Appeals may perform shall be conducted at a public meeting held in compliance with Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275.
(B) The ZBA shall hold a public hearing within 60 days for the hearing of the appeal or other matters referred to it, and give notice of the appeal to the persons to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single- and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If a tenant’s name is not known, the term “occupant” may be used. Upon the hearing, a party may appear in person, or by agent or attorney. The ZBA shall decide the appeal within 30 days from the date of the hearing.
(C) Procedure for scheduling public hearings:
(1) When an application for hearing or appeal has been filed in proper form and the required fee paid, the Secretary of the ZBA shall immediately place the same upon the calendar for hearing and serve required notices;
(2) Notice shall be published once in a newspaper of general circulation in the village at least seven days prior to the hearing;
(3) Copies of the notice shall be served upon the applicant and the Zoning Administrator or other administrative officers from which such appeal is taken. Service shall be made as provided herein;
(4) A like notice shall be sent at least seven days prior to the hearing to all owners of property within 300 feet of the premises involved by regular United States mail, with proof of posting, postage prepaid, and addressed to the last known address of the property owners as determined by village records;
(5) On the date for hearing of any application or appeal, the ZBA may adjourn the hearing to a specified time and date in order to allow the obtaining of additional information or to cause further notices to be served. In the case of an adjourned hearing, persons previously notified, and persons already heard, need not be notified of the resumption of said hearing, unless the ZBA decides otherwise; and
(6) Any interested party may appear and be heard at the hearing in person, or by agent or attorney.
(Prior Code, § 154.352) (Ord. 48, passed 6-21-2005)
§ 154.388 POWERS OF THE ZBA.
(A) The ZBA shall have the power:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, or of any ordinance adopted pursuant thereto; and
(2) To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(B) The ZBA may permit, in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for the public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
(C) The ZBA shall act upon all questions as they may arise in the administration of this chapter, including interpretation of the Zoning Map. The ZBA may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination appealed from and shall make an order, requirement, decision, or determination as in its opinion ought to be made, and to that end shall have all powers of the officer from whom the appeal was taken. It may issue or direct the issuance of a permit. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter.
(D) If there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, the Board of Appeals may in passing upon appeals grant a variance in any of its rules or provisions relating to the construction of, or structural changes in, equipment, or alteration of buildings or structures, or the use of land, buildings, or structures, so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.
(Prior Code, § 154.353) (Ord. 48, passed 6-21-2005)
§ 154.389 DECISIONS.
(A) In exercising the above-mentioned powers, the ZBA may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue the permit.
(B) The concurring vote of a majority of the members of the Board is 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 two-thirds of the members of the Board is necessary to grant a variance from uses of land permitted in an ordinance. The Secretary shall record the grounds for each decision. The Board shall render its decision upon any matter within 30 days after the matter is heard.
(C) Three members shall constitute a quorum. The concurring vote of three members shall be required to reverse the determination appealed from.
(D) A copy of each decision shall be sent to the Zoning Administrator, Planning Commission, and the applicant. The Zoning Administrator shall not issue a zoning permit until the decision is received.
(E) The Board of Appeals may impose conditions upon an affirmative decision.
(Prior Code, § 154.354) (Ord. 48, passed 6-21-2005)
§ 154.390 STANDARDS FOR GRANTING VARIANCES.
The ZBA shall base its findings upon the evidence presented to it and find that all of the following conditions are present:
(A) The particular physical surroundings, slope, or topographic conditions of the specific property should result in unnecessary hardship if the regulations are to be carried out strictly, due to the unique character of the property and not by the conditions unique to the applicant;
(B) The conditions upon which the application for a variance are based would not be applicable generally to other property within the same zoning classification;
(C) The alleged difficulty or hardship is caused by this chapter in relation to the particular property and has not been created by any person; and
(D) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood in which the property is located.
(Prior Code, § 154.355) (Ord. 48, passed 6-21-2005)
§ 154.391 VARIANCES.
The ZBA, after public hearing, shall have the power to decide applications for variances from the provisions or requirements of this chapter; provided that it finds, from reasonable evidence, that all of the following facts and conditions exist as follows:
(A) Where the literal enforcement of this chapter would involve practical difficulties or would cause undue hardship by reason of the exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographical conditions or other extraordinary situation of the premises, or of the use of the premises, immediately adjoining the premises in question;
(B) Where there is practical difficulty or unnecessary hardship in meeting the strict letter of this chapter so that the spirit of this chapter may be observed, public safety secured, and substantial justice done;
(C) Where the condition or situation of the property, or the intended use of the property, is not of so general or recurrent a nature as to make reasonably practical a general regulation as part of this chapter;
(D) Where there is reasonable evidence that the variance will not be detrimental to adjacent property and will not impair the intent and purposes of this chapter or the public health, safety, and general welfare;
(E) Where there are exceptional or extraordinary circumstances or conditions applying to the specific property that do not apply generally to other properties in the zoning district affected;
(F) Where the variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the zoning district. Financial gain alone shall not be deemed sufficient to warrant the granting of a variance; and
(G) With respect to use variances, in addition to the above, that the property for which a variance is sought cannot reasonably be used in a manner consistent with existing zoning.
(Prior Code, § 154.356) (Ord. 48, passed 6-21-2005)
§ 154.392 APPEALS OF THE ZBA.
(A) The decision of the Board of Appeals is final. However, a person having an interest affected by the Zoning Ordinance may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the Board of Appeals to ensure that the decision meets all of the following requirements:
(1) Complies with the constitution and laws of this state;
(2) Is based upon proper procedure;
(3) Is supported by competent material and substantial evidence on the record; and
(4) Represents the reasonable exercise of discretion granted by law to the Board of Appeals.
(B) (1) If the court finds the record of the Board of Appeals inadequate to make the review required by this section, or that additional material evidence exists that with good reason was not presented to the Board of Appeals, the court shall order further proceedings before the Board of Appeals on conditions that the court considers proper.
(2) The Board of Appeals may modify its findings and decision as a result of the new proceedings, or may affirm the original decision. The supplementary record and decision shall be filed with the court.
(C) As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the Board of Appeals.
(Prior Code, § 154.357) (Ord. 48, passed 6-21-2005)
§ 154.393 FEES.
The Village Council may establish by resolution a schedule of fees to be charged for hearings by the ZBA. Any application for appeal or request for variance filed with the Zoning Administrator shall be accompanied with a fee as determined by the Village Council. The fee shall be paid to the Village Clerk before any action shall be taken on the petition for the hearing.
(Prior Code, § 154.358) (Ord. 48, passed 6-21-2005)
§ 154.394 TIME LIMIT.
Any necessary permits shall be secured and the authorized action begun and completed within the time period specified in the ZBA’s determination. The ZBA may, after a public hearing, extend those periods for good cause shown.
(Prior Code, § 154.359) (Ord. 48, passed 6-21-2005)