Pursuant to Public Act 110 of 2006, as may be amended, the Board of Zoning Appeals shall be established and given authority to exercise jurisdiction over the incorporated area of the City as outlined in the Act.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   (a)   The Board of Zoning Appeals shall consist of seven members. One member shall be a member of the Planning Commission and one member may be a member of City Council. The five remaining members shall be electors of the City who are representative of the community.

   (b)   Each member shall be recommended by the Mayor and appointed by City Council.

   (c)   Terms of membership shall be three years, except if the Planning Commission or City Council member's appointment to the Council or Commission expires prior to completing their three-year term.

   (d)   Vacancies will be filled in the same manner as allowed by this section for the remainder of the uncompleted term.

   (e)   Members who have more than three unexcused absences will be expected to resign from the Board of Zoning Appeals.

   (f)   Members may be removed from the Board of Zoning Appeals by City Council for misfeasance, malfeasance, or nonfeasance upon written charges and after a public hearing.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   (a)   Officers.

      (1)   The Board of Zoning Appeals shall elect a Chairman and Vice Chairman.

      (2)   The officers shall be elected yearly by the membership of the Board of Zoning Appeals.

      (3)   If a City Council member sits on the Board, that member shall not be eligible to serve as an officer.

      (4)   A member of the Board who is currently an officer on the City Planning Commission may not simultaneously serve as an officer of the Board of Zoning Appeals.

   (b)   Meetings.

      (1)   A specific meeting time and date shall be established for the upcoming year at the last meeting of the current year. Meetings shall also be held at the call of the Chairperson.

      (2)   A majority of the members must be present to constitute a quorum for any meeting.

      (3)   All meetings are subject to the Open Meetings Act, Public Act 267 of 1976, and the Freedom of Information Act, Public Act 442 of 1976, as may be amended.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   The Board of Zoning Appeals shall have the power to vary or modify any ordinance provision whenever there are practical difficulties or unnecessary hardships imposed on the property owner if the strict letter of the ordinance is carried out. The Board of Zoning Appeals shall decide appeals in such a manner that the spirit of the ordinance is observed, public safety secured, and substantial justice done.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   An appeal may be taken to the Board of Zoning Appeals by any person wishing to appeal any ordinance provision or any final decision of the Director of Inspections or the Planning Commission. All appeals must be applied for in writing on forms provided by the City. The Board of Zoning Appeals shall give notice of the hearing to the parties involved. The Board of Zoning Appeals shall also give notice to owners and occupants of property within a minimum of 300 feet from the property lines of the property, which is the subject of the appeal. Notice shall be by regular mail or personal delivery and shall be sent to the property owners as shown on the latest tax assessment roll. Notice shall be given at least fifteen days prior to the hearing in accordance with Public Act 110 of 2006, as may be amended. The Board of Zoning Appeals shall hear the following:

   (a)   Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Director of Inspections or other administrative official in carrying out or enforcing this Zoning Code;

   (b)   Variances. To authorize, upon an appeal, a variance from the strict application of the provisions of this Zoning Code where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Zoning Code (Ordinance 458, passed January 4, 1989), or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of this Zoning Code 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 Zoning Code.

   (c)   Exceptions and Special Approvals. To hear and decide, in accordance with this Zoning Code, requests for exceptions, for interpretations of the Zoning Map and for decisions on special approval situations on which this Zoning Code specifically authorizes the Board to pass. Any exception shall be subject to such conditions as the Board may require to preserve and promote the character of the district in question and to otherwise promote the purposes of this Zoning Code.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   The Board of Zoning Appeals may require the applicant to provide such additional information as is necessary to make a decision. In making a decision, the Board of Zoning Appeals may impose such conditions as it may deem necessary to comply with the spirit and purpose of the Zoning Code. No variance may be granted or decision overruled unless a majority of the voting members vote in favor thereof. Any variance shall expire one year from the date it is granted unless use of the property has begun or construction has been undertaken pursuant to the variance. The Board of Zoning Appeals shall state the grounds of each decision, which shall be based on the following:

   (a)   That compliance with the ordinance results in a practical difficulty.

   (b)   That the problem requiring the variance is unique to the applicant's property and is not shared by properties in the same zoning district.

   (c)   That the problem is not self-inflicted.

   (d)   That the variance is the minimum necessary to permit reasonable use if the property.

   (e)   That the variance, if granted, would not compromise the public health, safety, and welfare.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   Any conditions of approval imposed by the Board of Zoning Appeals shall meet the following requirements:

   (a)   Be designed to protect natural resources, the 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 Code, 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.

(Ord. 458. Passed 1-4-89; Ord. 841. Passed 2-7-07.)

   The power of the Board of Zoning Appeals shall not be modified in any fashion by Section 1298.06(f). However, the Board's power to review and take additional action with respect to adult businesses, as defined in Section 1260.07, shall be subject to the following:

   (a)   Effect of Denial. No appeal to the Board which has been denied wholly or in part shall be resubmitted for a period of one year from the effective date of said order of denial, except on the grounds of new evidence or proof of a change of conditions found to be valid by the Board. Applications for a rehearing shall be in writing and subject to the same rules as an original hearing.

   (b)   Revocation of Grant. If the conditions prescribed by the Board in making any grant or approving any application are not complied with within six months from the effective date of said grant or approval, then, without further action by the Board, the grant shall be null and void. Extensions of time for compliance may be granted by the Board upon application of the appellee for good cause shown.

   (c)   Costs. Upon the payment of costs, a copy of the record of any matter on appeal shall be made available to the parties. The official record of an appeal shall be open for examination as a public record.

   (d)   Appeals from Board Decision. Any decision of the Board of Zoning Appeals may be appealed to the Circuit Court as specified in the Zoning Enabling Act of Michigan, Act 110 of 2006, as amended. The Circuit Court may order the Board of Zoning Appeals to rehear a case in the event that the Court finds that the record of the Board of Zoning Appeals is inadequate to make the proper review, or that there is additional evidence that is material and with good reason was not presented to the Board of Zoning Appeals.

(Ord. 579. Passed 8-9-95; Ord. 841. Passed 2-7-07.)

   No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the Board of Zoning Appeals to be valid. Resubmission shall require all appropriate fees and application as any other BZA request.

(Ord. 919. Passed 11-3-10.)