There is hereby established a Zoning Board of Appeals, the membership, powers, duties of which are prescribed in P.A. 110 of 2006, As Amended (Being The Michigan Zoning Enabling Act, M.C.L. 125.3101 et seq.). The zoning board of appeals in addition to the general powers and duties conferred upon it, by said Act, in specific cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this Ordinance in harmony with their purpose and intent as hereinafter set forth.

(Ord. No. 719, § 2, 5-4-09)

A board of appeals is hereby established, and shall consist of not less than five members and two alternate members to be appointed by the legislative body, in accordance with P.A. 110 of 2006, as amended. Vacancies shall be filled by resolution of the council for any expired term or the vacant term. One member of the board shall be a member of the planning commission and one shall be a member of the city council.

(Ord. No. 670, § 1, 8-25-03; Ord. No. 719, § 3, 5-4-09)

(1)

All decisions of the board shall be made at a meeting open to the public. All deliberations of the board constituting a quorum of its members shall take place at a meeting open to the public except as provided in compliance with the Open Meetings Act, Act 267 of 1976 as amended.

(2)

A majority of the members of the board shall constitute a quorum for purposes of transacting the business of the board and the Open Meetings Act, Act 267 of 1976, as amended. Each member of the board shall have one vote.

(3)

Regular meetings of the board shall be called as needed in response to receipt of a notice of appeal, so long as the meeting is scheduled within 20 days of the notice of appeal. The meeting can be called by the zoning or code inspector, the chair of the appeals board, or, in his or her absence, the vice-chair. Public notice of the date, time, and place of a public meeting of the board shall be given in the manner required by Act 267 of 1976, as amended.

(4)

The business of the board of appeals shall be conducted in accordance with its adopted bylaws.

(5)

The chair, or in his or her absence, vice-chair may administer oaths and compel the attendance of witnesses.

(1)

General. The board has the power to act on matters as provided in this ordinance and P.A. 110 of 2006, as amended. The specific powers of the board are enumerated in the following sections of this article.

(2)

Voting. The concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirements, 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 shall be necessary to grant a variance from uses of land permitted in an ordinance.

A member shall be disqualified from a vote in which there is a conflict of interest. Failure of a member to disclose a conflict of interest and be disqualified from a vote shall constitute misconduct in office.

(3)

Administrative review. The board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the zoning official or other duly authorized enforcing agent, in enforcing any provision of this ordinance.

(4)

Interpretation.

A.

The board shall hear and decide requests for interpretation of this ordinance or the zoning map taking into consideration the intent and purpose of the ordinance and the master plan.

B.

A record shall be kept by the board of all decisions for interpretation of this ordinance or zoning map and land uses which are approved under the terms of this section. The board shall request the planning commission to review any ordinance amendment it deems necessary.

(5)

Variances. Upon an appeal, the board is authorized to grant a variance from the strict provisions of this article, whereby extraordinary or exceptional conditions of such property, 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.

A.

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:

1.

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

2.

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

3.

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

4.

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

B.

Nonuse variances. The applicant must present evidence to show that if the zoning ordinance is applied strictly, practical difficulties will result to the applicant and:

1.

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

2.

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;

3.

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

4.

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

(Ord. No. 719, §§ 4, 5, 5-4-09)

(1)

An applicant requesting any action by the board shall commence such request by filing a notice of appeal, on the form supplied by the city, accompanied by such appeal fee as determined by the city council, and all plans, studies and any other information and data as applicable, all of which shall be made a part of the record.

(2)

Every appeal from a determination of the zoning official or other duly authorized agent shall be made by the applicant within 21 days of the date of the order issuance or refusal to issue permit, requirement, or refusal.

(3)

The board shall fix a time for a hearing on the appeal, and shall notify the applicant of the time and place of such hearing. Notice of all public hearings conducted by the board shall appear in a newspaper of general circulation in the city at least 15 days prior to the hearing where the appeal pertains to a specific parcel(s) of property. Notice of the public hearings shall be sent 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 to 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.

(4)

Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of their appeal. The board of appeals shall have the power to require the attendance of witness, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the board of appeals.

(5)

The board shall not decide an appeal until after a public hearing.

(6)

The board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

(7)

The board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:

A.

Be designed to protect natural resources, public health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

B.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

C.

Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this ordinance, enforceable as such, and/or may be grounds for revocation or reversal of such decision.

(8)

All decisions of the board shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the board. The applicant shall be advised of the decision after the public hearing unless the board moves for a continuation of such hearing.

(9)

Any decision of the board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.

(10)

The board may reconsider an earlier decision, if, in the opinion of the board, circumstances justify taking such action.

(11)

No order of the board of appeals permitting the erection or alteration of a building shall be valid for a period of 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.

(12)

No order of the board of appeals 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 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 such permit.

(13)

Any person or persons, or any board or department of the city having an interest affected by a decision of the board shall have the right to appeal to the circuit court on questions of law and fact. Such appeal must be taken within 30 days after the zoning board of appeals issues its decision in writing and signed by the chairperson, or within 21 days after the zoning board of appeals approves the minutes of its decision. A request for reconsideration under subsection (10) above shall not toll the time for taking such appeal. In the event a request for reconsideration is granted, the time period for appeal shall commence from the approval of the minutes of the meeting where the appeal was reconsidered. In any event, only one request for reconsideration on each appeal shall be allowed.

(Ord. No. 719, §§ 6, 7, 5-4-09)