2000.   Creation and leadership.

There shall be established and appointed by the City Commission, in accordance with Public Act 110 of 2006 [MCL § 125.3101 et seq.], as amended, a Zoning Board of Appeals. The board shall consist of seven (7) members and two (2) alternate members. The appointments shall be as follows: one (1) member appointed for a period of one (1) year; three (3) members appointed for a period of two (2) years; and three (3) members appointed for a period of three (3) years. One (1) of the regular members of the Zoning Board of Appeals may be a member of the Planning Commission. After the initial appointments, except for a member serving because of his or her membership on the Planning Commission, whose term shall be limited to the time he or she is a member of that body each member shall be appointed to hold office for the full three (3) year term. The appointments of the two (2) alternate members shall be as follows: one (1) alternate member appointed for a one (1) year term; one (1) alternate member appointed for a two (2) year term; thereafter, each alternate member shall be appointed to hold office for a full three (3) year term. Any vacancies on the board shall be filled by the City Commission not more than one (1) month after the term of the preceding member has expired for the remainder of the unexpired term the board shall annually elect its own chairman, vice chairman, and secretary. The alternate members shall attend each Board of Appeals meeting. The alternate members shall sit as a regular member in the absence of a regular member or when a regular member has abstained from acting on a matter coming before the Board of Appeals. The alternate members shall be called to sit on a rotating basis as needed.

(Ord. No. 383-94, § 1, 7-18-94; Ord. No. 533-12, § 1, 6-18-12; Ord. No. 623-24, § 1, 3-18-24)

2001.   Procedure of Zoning Board of Appeals.

Meetings of the board shall be heard at the call of the chairman and at such other times as the board may determine by rule. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall adopt his [its] own rules or procedures and shall maintain a record of its proceedings which shall be filed in the office of the City clerk and shall be a public record provided, however, that a member of the Zoning Board of Appeals who is also a member of the Planning Commission, shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission. However, the member may consider and vote on other unrelated matters involving the same property. The fees to be charged for appeals shall be set by resolution of the City Commission. In those instances wherein lot area and yard requirements in lots existing of record cannot be complied with and must therefore be reviewed by the board, the required fees for appeal, in whole or in part, may be refunded to the petitioner at the discretion of the Board of Appeals.

(Ord. No. 533-12, § 1, 6-18-12)

2002.   Appeals, how taken.

The Board of Appeals shall hear and decide appeals from a person aggrieved, or by an officer, department, board, or bureau of this state or the City, and review any order, requirements, decisions, or determinations, made by an administrative official or body charged with the enforcement of an ordinance adopted under Public Act 110 of 2006 [MCL § 125.3101 et seq.], as amended.

Appeals shall be taken within ten (10) days after the occurrence of the event which forms the basis for the appeal, by filing in writing a request for an appeal with the official from whom an appeal is taken who shall forthwith transmit to the board all papers constituting the record upon which the appeal is taken.

An appeal stays all the proceedings in furtherance of the action appealed from unless the official from whom the appeal was taken [certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate] a stay would in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, circuit court or other court of jurisdiction of notice on the application to the official from whom the appeal was taken and on due cause shown. All requests for Board of Appeals actions shall be made in writing upon forms adopted for such purposes.

(Ord. No. 383-94, § 1, 7-18-94; Ord. No. 533-12, § 1, 6-18-12; Ord. No. 623-24, § 1, 3-18-24)

2003.   Powers and duties.

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 section, but does have power to act on those matters where this section provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. Said powers include:

1.

Administrative review. To 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 administrative official in carrying out or enforcing any provisions of this section.

2.

Interpretation. To hear and decide, in accordance with the provisions of this section, requests for interpretation on which the section specifically authorizes the board to act.

3.

Variance. To authorize, upon an appeal, a variance from the strict applications of the provisions of this section where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this section 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 to, or in the case of a use variance, an unnecessary and exceptional undue hardship as to the use of the property in question 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 section. 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 section. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance. A vote of two-thirds (2/3) of the members of the Zoning Board of Appeals is required to approve a use variance.

4.

Modification of parking requirements. Permit the modification of automobile parking space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements, or where the provisions of the required amount of parking spaces would create undue hardship in existing business areas, in the opinion of the board.

(Ord. No. 242A-84, 8-6-84; Ord. No. 533-12, § 1, 6-18-12)

2003a.   Hearings.

1.

Following receipt of a written request concerning a request for a variance, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the request and give notice as provided in section 1912.

2.

Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation and shall be sent to the person requesting the interpretation not less than fifteen (15) days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing on the interpretation request shall be given as provided in section 1912.

(Ord. No. 489-06, § 1, 9-18-06; Ord. No. 533-12, § 1, 6-18-12)

2004.   Standards.

Each case before the Zoning Board of Appeals shall be considered as individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such case.

1.

Dimensional variance. The Zoning Board of Appeals may grant a variance from the dimensional requirements of this ordinance where it finds that a request has met all conditions listed below:

a.

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

b.

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

c.

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

d.

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.

e.

The alleged hardship or difficulty is not solely economic and is based on the reasonable use of a particular piece of land.

f.

The practical difficulties or hardship do not result from the actions of the applicant.

g.

The requested variance is the minimum necessary that will make possible the reasonable use of the land, building, or structure.

h.

The need for the variance is immediate and not anticipatory of future conditions or situations which may or may not occur.

2.

Use variance. All uses as listed in any district requiring board approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. The board shall give consideration to the following:

a.

The location and size of the use.

b.

The nature and intensity of the operations involved in or conducted in connection with it.

c.

Its size, layout and its relation to pedestrian and vehicular traffic to and from the use.

d.

The assembly of persons in connection with it will not be hazardous to the neighborhood or be incongruous therewith or conflict with normal traffic of the neighborhood.

e.

Taking into account among other things, convenient routes of pedestrian traffic, particularly of children.

f.

Vehicular turning movements in relation to routes of traffic flow, relation to street intersections, site distance and the general character and intensity of development of the neighborhood.

g.

The location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

h.

The nature, location, size and site layout of the uses shall be such that it will be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one (1) type of use to another.

i.

The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings, by reason of noise, fumes or flash of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses, nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise endanger the public safety.

(Ord. No. 533-12, § 1, 6-18-12; Ord. No. 585-18, § 1, 11-19-18)

2005.   Miscellaneous.

No order of the Zoning Board of Appeals permitting the erection or alteration of buildings shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to completion in accordance with the terms of such permit.

No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year unless such use is established within such period; provided, however, that the use of such permit is dependent upon the erection or alteration of a building, such order shall continue in full force and effect if a building permit for such use, erection or alteration is obtained within such period and such erection or alterations are commenced and proceed to completion in accordance with the terms of such permit. No person shall fail to comply with any special condition for a use as established and required by the Board of Appeals.

(Ord. No. 533-12, § 1, 6-18-12)

2006.   Decisions, appeals to Circuit Court.

All decisions of the Board of Appeals shall be recited in the official minutes of the Board of Appeals. A copy of the minutes shall be mailed by first class mail to the party who caused the matter to come before the Board of Appeals. The mailing date shall be stamped upon the minutes. The Board of Appeals shall keep a record of and proof of such mailing. The decision of the Board of Appeals shall be final, unless within thirty (30) days after the date of mailing stamped upon the minutes, a person having an interest affected by the decision files an appeal in the Chippewa County Circuit Court in accordance with the court rules for taking such appeals.

(Ord. No. 383-94, § 1, 7-18-94; Ord. No. 533-12, § 1, 6-18-12)