Zoneomics Logo
search icon

Saugatuck City Zoning Code

BOARD OF

APPEALS

§ 154.150 PROVISION FOR ZONING BOARD OF APPEALS.

   A Zoning Board of Appeals is hereby authorized in accordance with Public Act 110 of 2006, being M.C.L.A. § 125.3101 et seq., as amended, to carry out the responsibilities provided therein, and those delegated herein.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 071008-01, passed 10-8-2007)

§ 154.151 MEMBERSHIP.

   (A)   Membership of the Zoning Board of Appeals shall consist of five members, each to be appointed by the City Council for a term of three years.
   (B)   Members of the Zoning Board of Appeals are required to be electors residing in the city.
   (C)    One member of the Zoning Board of Appeals may be a member of the Planning Commission who holds no other municipal office.
   (D)   Members of the Board of Appeals shall serve at the pleasure of the Council and shall be removable by the City Council for nonfeasance, malfeasance and misfeasance of office upon written charges and after a public hearing.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 071008-01, passed 10-8-2007; Am. Ord. 080825-1, passed 8-25-2008)

§ 154.152 ALTERNATE MEMBERS.

   (A)   The City Council shall appoint not more than two alternate members for the same term as regular members of the Board of Appeals (three years).
   (B)   An alternate member may be called to sit as a regular member of the Board of Appeals in the absence of a regular member if the regular member is absent from or unable to attend a meeting.
   (C)   An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision in a case in which the regular member has abstained for reasons of conflict of interest.
   (D)   The alternate member shall have the same voting rights as a regular member of the Board of Appeals.
   (E)   The Chairperson of the Zoning Board of Appeals shall be responsible to call any alternate member to serve and shall, if practical, call on the members to serve alternately.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 071008-01, passed 10-8-2007)

§ 154.153 ORGANIZATION AND PROCEDURES.

   (A)   Rules of procedure. The Zoning Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its functions. The Board shall choose its own chairperson, and, in his or her absence, an acting chairperson.
   (B)   Meetings. Meetings shall be held the second Thursday of each month or as otherwise scheduled. All meetings by the Board shall be open to the public in accordance with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 et seq. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance. A quorum (three members) is required. The Board may choose to not hold a meeting if there is a lack of substantial business for the agenda.
   (C)   Records. Minutes shall be recorded of all proceedings which shall contain the evidence received, the findings of fact and data relevant to every case considered, together with the votes of the members and the final disposition of each case. The minutes shall be filed in the city administration office and shall be made available to the general public. The City Clerk shall act as secretary to the Zoning Board of Appeals and all records of the Board's action shall be taken and recorded under the City Clerk's direction.
   (D)   Counsel. An attorney for the city shall act as legal counsel for the Board and shall be present at all meetings upon request by the Board as approved by the Zoning Administrator.
   (E)   Hearings. Within a reasonable amount of time following the filing of an appeal by a party permitted to appeal by law, the Zoning Board of Appeals shall hold a hearing of the appeal. Notice of the hearing shall be given in accordance with § 154.179. Upon the hearing, any party may appear in person, or by agent, or by attorney.
   (F)   Decisions.
      (1)   The Zoning Board of Appeals shall return a decision on a case within 45 days after a request or appeal has been heard, unless a further time is agreed upon with the parties concerned.
      (2)   Any decision of the Board shall not become final until the expiration of five days from the date of entry of the order, unless the Board shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record.
   (G)   Vote required. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Zoning Administrator or Planning Commission, or to decide in favor of the applicant, a matter upon which they are required to pass under this chapter or to effect a variation in this chapter, provided, however, 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 this chapter.
   (H)   Report to City Council and Planning Commission. Each February the Zoning Board of Appeals Chairperson shall report to the City Council and Planning Commission, list all applications and appeals made to it since its last report, and shall summarize its decisions on the applications and appeals.
   (I)   Powers and duties. The Zoning Board of Appeals shall have the power and duties prescribed by law and by this chapter which are more particularly specified as follows.
      (1)   Generally. Upon appeal, the Zoning Board of Appeals may reverse or affirm, wholly, or in part, or may modify the order, requirement, decision or determination, as in its opinion ought to be made in the premise, and to that end shall have all the power of the official from whom the appeal is taken, and may direct the issuance of a permit.
      (2)   Interpretation. Upon appeal from a decision of the Zoning Administrator or Planning Commission, to decide any question involving the interpretation of any provision of this chapter including determination of the exact location of any zoning boundary if there is uncertainty with respect thereto; and
      (3)   Variances. The Zoning Board of Appeals shall be empowered to issue variances under conditions set forth in this chapter.
   (J)   Validity of permit. Any decision of the Zoning Board of Appeals which has resulted in granting a zoning permit, or variance shall be valid for a period of one year, with the Zoning Administrator to have the power to extend the permit for an additional year upon showing of a practical need.
   (K)   Right of court review. Any person aggrieved by a decision of the Zoning Board of Appeals shall have the right to review of same by appeal to the County Circuit Court. Upon appeal, the Circuit Court shall review the record and decision of the Board of Appeals to ensure that the decision:
      (1)   Complies with the Constitution and laws of the state;
      (2)   Is based upon proper procedure;
      (3)   Is supported by competent, material an substantial evidence on the record;
      (4)   Represents the reasonable exercise of discretion granted by law to the Board of Appeals; and
   (L)   If the court finds the record of the Board of Appeals inadequate to make the review required, or that additional evidence exists which is material and with good reason was not presented to the Board of Appeals, the court shall order further proceedings before the Board of Appeals on conditions which the court considers proper. The Board of Appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. Any supplementary record and decision shall be filed with the court.
   (M)   Authority of court. As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the Board of Appeals.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 071008-01, passed 10-8-2007; Am. Ord. 141013-1, passed 10-13-2014)

§ 154.154 EFFECT OF APPEALS PROCEEDINGS.

   An appeal to the Zoning Board of Appeals 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 had been 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, in which case 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 officer or board from whom the appeal is taken and on due cause shown.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)

§ 154.155 STANDARDS FOR VARIANCES.

   (A)   Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Board of Appeals may in passing on appeals vary or modify any of the rules or provisions of this chapter 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 intent of this chapter should be observed, public safety secured, and substantial justice done.
   (B)   To obtain a dimensional or non-use variance, the owner must show a practical difficulty by demonstrating that all of the following standards are met:
      (1)   That strict compliance with area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render conformity unnecessarily burdensome;
      (2)   That a variance would do substantial justice to the owner as well as to other property owners in the district, or whether a lesser relaxation would give substantial relief and be more consistent with justice to others;
      (3)   That the plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions; and
      (4)   That the problem is not self-created or based on personal financial circumstances.
   (C)   To obtain a use variance, the applicant must show an unnecessary hardship by demonstrating that all of the following standards are met:
      (1)   That the property in question cannot be used for any of the uses permitted in the district in which it is located;
      (2)   That the plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions;
      (3)   That by granting the variance, the essential character of the neighborhood would not be altered; and
      (4)   That the problem is not self-created or based on personal financial circumstances.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)

§ 154.156 USE AND NON-USE VARIANCE REQUESTS.

   The following standards apply to consideration of use and non-use variance requests:
   (A)   If when applying the standards of § 154.155 of this chapter to a non-use variance request, the Zoning Board of Appeals finds that the requirements of this chapter, as written, can be met or that there is no practical difficulty preventing a reasonable use of the land, then the non-use variance request shall be denied;
   (B)   If when applying the standards of § 154.155 of this chapter to a use variance request, the Zoning Board of Appeals finds that no hardship exists and there is a reasonable use of the property as zoned without the grant of a use variance, then the use variance request shall be denied; and
   (C)   If when applying the standards of § 154.155 above to either a use or non-use variance request, the Zoning Board of Appeals finds that the hardship or practical difficulty is not unique, but common to several properties in the area, the finding must be transmitted by the Board of Appeals to the Planning Commission who shall determine whether to initiate an amendment to this Zoning Code. See § 154.153.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)

§ 154.157 APPLICATION PROCEDURES FOR APPEAL.

   (A)   Filing of appeal. When any order, requirement, decision or determination is subsequently appealed to the Zoning Board of Appeals, as provided in this chapter, the appellant shall file a notice of appeal with fee to the Zoning Administrator who shall forward all materials to the Zoning Board of Appeals.
   (B)   Zoning Board of Appeals. Zoning Board of Appeals shall review the appeal and schedule a hearing within a reasonable amount of time of the filing date in accordance with § 154.179. All decisions shall be based upon standards provided in this chapter and according to the authority to clearly interpret the provisions herein. Decisions shall be made within 45 days of the hearing date in accordance with § 154.153 above.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)