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 207 of Public Acts of 1921, as amended, and in such a way that the objectives of this ordinance shall be observed, public safety secured, and substantial justice done. The Board shall consist of seven members who shall be appointed by the City Council. Appointments shall be for a period of one, two, and three years, respectively, so as nearly as may be to provide for appointment of an equal number of years; thereafter each member shall hold office for the full three-year term. The members shall be qualified electors and freeholders of the City. Members may be removed for cause by the Council only after consideration of written charges and a public hearing. Any vacancies in the Board shall be filled by the City Council for the remainder of the unexpired term. The Board shall elect its own Chairman, Vice-Chairman, and Secretary. The compensation of the appointed members of the Board shall be fixed by the Council.

(Comp. Ords. 1988, § 15.621(35.99); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Regular meetings of the Board shall be held at least once each month and special meetings at the call of the Chairman or at such times as Boards may determine. All hearings conducted by said Board shall be open to the public. The City Clerk, or his representative, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Four members of the Board shall constitute a quorum for the conduct of its business. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(Comp. Ords. 1988, § 15.622(35.100); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

An appeal may be taken to the Board of Appeals by any person, firm or corporation aggrieved, or by any officer, department, board of bureau of the City affected by a decision of the Building Official. Such appeal shall be taken within a time as shall be prescribed by the Board of Appeals by general rule by the filing with the Building Official or body from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the grounds for appeal. The Building Official or body from whom the appeal is taken shall immediately transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official or body from whom the appeal is taken certifies to the Board of Appeals, after notice of the appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in the opinion of the official or body cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by the circuit court on application, on notice to the official or body from whom the appeal is taken and on due cause shown.

(Comp. Ords. 1988, § 15.623(35.101); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due 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 the tenant's name is not known, the term occupant may be used. The Board of Appeals shall decide the appeal within a reasonable time. Upon the hearing, a party may appear in person or by an agent or by an attorney.

(Comp. Ords. 1988, § 15.624(35.102); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Fees for Zoning Board of Appeals action shall be established by the City Council and set forth in the City's fee schedule. Said fee shall be paid to the Secretary of the Board at the time the notice of appeal is filed. The Secretary shall forthwith pay over such money to the City Treasurer to the credit of the general fund of the City.

The City Council may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Board of Zoning Appeals.

(Comp. Ords. 1988, § 15.625(35.103); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

(1)

Jurisdiction. The Board of Appeals shall hear and decide appeals from any order, requirements, decision, or determination made by an administrative official or body charged with the enforcement of this ordinance. The Board of Appeals shall also hear and decide matters referred to them or upon which they are required to pass under this ordinance. In so doing, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make an order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken. The Board of Appeals shall not have the power to alter or change the zoning district classification of any property, or make any change in the terms of this ordinance, and shall have power to act on those matters where this ordinance provides for an administrative review and shall have the power to act on those matters where this ordinance provides for interpretation or authorization of a variance or other waiver, or where the ordinance specifically provides for Zoning Board of Appeals action in administrative reviews, exceptions, and special land uses, pursuant to the guidelines set forth in this section and ordinances and laws of the State of Michigan. In addition, the Board shall have the following powers:

(A)

Variance. To authorize, upon an appeal, a variance from the strict applications of the provisions of this ordinance where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional, practical difficulties, 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 ordinance. 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 ordinance. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.

(B)

Exceptions and special approvals. To hear and decide in accordance with the provisions of this ordinance, requests for exceptions, for interpretations of the zoning map and for decisions on special land uses on which this ordinance specifically authorized the Board to pass. Any exception or special approval shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this ordinance, including the following:

(i)

Interpret the provisions of this ordinance 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 ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(ii)

Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.

(iii)

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.

(iv)

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.

(v)

Permit temporary buildings and uses for periods not to exceed nine months, and permit temporary structures and uses for the outdoor sale of seasonal products from March 1 to November 30 for periods not to exceed five years, provided that temporary structures are removed at the end of each selling period for that year. The Board may also permit temporary buildings to be used for school classrooms for accredited or state-recognized educational institutions or for other legitimate municipal, governmental or other public purposes for periods not to exceed three years. Seasonal goods/products are goods and/or products that are either not available on the market during certain seasons or periods of the year or are available throughout the year but with regular fluctuations in their quantities and prices that are linked to the season or time of the year. Outdoor seasonal goods/products include but are not limited to packaged soil, packaged mulch, packaged fertilizer, live horticultural products, bundled firewood, tools such as rakes and shovels, and other similar products as reviewed and approved by the Community Development and Inspection Department. Seasonal products do not include any firework product as defined in MCL 28.452.

(vi)

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12-month extensions being permissible: Uses which do not require the erection of any capital improvement of a structural nature.

The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

(a)

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

(b)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted, and arrangements for removing the use at the termination of said temporary permit.

(c)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the City of St. Clair Shores shall be made at the discretion of the Board of Appeals.

(d)

In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments such as, but not limited to, golf driving ranges and outdoor archery courts or structures which do not require foundations, heating systems or sanitary connections.

(e)

The use shall be in harmony with the general character of the district.

(f)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this ordinance. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.

(C)

In consideration of all appeals and all proposed variations to this ordinance, the Board shall, before making any variations or granting waivers in a specific case, first determine that the proposed variation or waiver will not result in the impairment of an adequate supply of light and air to adjacent property, or an unreasonable increase in the congestion of public streets, or unreasonable impairment of established property values within the surrounding area, or in any other respect result in the impairment of public health, safety, comfort, morals, or welfare of the inhabitants of the City of St. Clair Shores. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance the Board of Appeals may, in passing upon appeals, vary or modify any of its rules or provisions relating to the construction or structural changes in equipment, or alteration of buildings or structures, or the use of land, buildings or structures, so that the spirit of the ordinance shall be observed, public safety secured, and substantial justice done.

(2)

Decision.

(A)

The concurrent vote of a majority 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 an applicant in a matter upon which they are required to pass under the ordinance, or to effect a variation in this ordinance except that a concurring vote of two-thirds of the members of the Board shall be necessary to grant a variance from uses of land permitted in the ordinance.

(B)

The decision of the Board of Appeals shall be final. A party having an interest effected by the zoning ordinance may make further appeal to the circuit court.

(Comp. Ords. 1988, § 15.626(35.104); chap. 35 eff. March 7, 1986; amended by ord. eff. March 10, 1994; Aug. 20, 1996; Ord. of 3-2-2020, amend. eff. 3-18-2020)

No order of the Board permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Comp. Ords. 1988, § 15.627(35.102))