In accordance with the provisions of Act 207 of Public Acts of 1921, as amended, the Zoning Board of Appeals is established to ensure that the objectives of this Ordinance may be more fully and equitably achieved, that a means be provided for competent interpretation of this Ordinance, that reasonable flexibility be provided in the application of this Ordinance, and that the public health, safety, and welfare is protected.

The Zoning Board of Appeals shall consist of seven (7) members appointed by the City Council. The members shall be selected from the registered electors of the City. An elected officer or any employee of the City shall not serve as a member of the Zoning Board.

Terms shall be for three (3) years or until a successor is appointed and qualified. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

Members of the Board of Appeals shall be removable by the Council for non-performance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest shall constitute misconduct of office.

12.3.1.

Filing Fee. An appeal may be taken by a person aggrieved, or by an officer, department, board, or bureau of the City. An appeal to the Zoning Board of Appeals must be filed within fifteen working (15) days from the date that the decision to be appealed is effective. An appeal is taken by filing with the officer or body from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds for the appeal. The officer or body from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal shall be accompanied by a fee as set forth by the City Council.

12.3.2.

Officers. The Board shall elect from its membership a chairman, vice chairman, and such officers as may be necessary. The Board is authorized to appoint an executive secretary.

12.3.3.

Rules of Procedure. The Board shall adopt rules of procedure. These rules shall be available for public inspection at the office of the Board. The rules as adopted shall include the following:

A.

Meetings shall be held regularly each month according to the rules, at a fixed place and open to the public, except that a meeting shall not be required if there is no business to come before the Board.

B.

The presence of four (4) members shall constitute a quorum, and it shall take a concurring vote of four (4) members to reverse an order or decision of the building inspector, planning commission, or any other official to whom authority is granted by this chapter to decide on any matter upon which it is required to pass by this chapter, or to grant a variance from the provisions thereof. It shall take a concurring vote of four (4) members to grant variance from the uses of land permitted in the Ordinance.

C.

A record of the proceedings of each meeting shall be kept by the Board, relating evidence presented by the applicant and the resolution by the Board, the vote of each member on each question, or, if absent or failing to vote, indicating such fact. These shall be a public record and immediately filed in the office of the Board.

D.

The Board shall receive reasonable assistance from the City departments in carrying out the functions of the Board.

12.3.4.

Hearings. The Board of Appeals shall fix a time for the hearing of an appeal as specified in Section 3.11 of this Zoning Ordinance. The Board of Appeals shall decide the appeal within a reasonable time. 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. 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 vary or modify any of the ordinance rules, regulations, or provisions relating to the construction, or structural changes in equipment, or alteration of buildings or structures, or the use of the land, buildings or structure, so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.

(Ord. No. 2007-02, § 1, 4-16-07)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the Zoning Board of Appeals after the notice of the appeal shall have been filed with him that, for reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals, or on application, by the Circuit Court, on notice to the officer from whom the appeal is taken, when due cause can be shown.

The Board of Appeals may affirm or reverse, wholly or partly, or may modify the order, requirement, decision, or determination in its opinion ought to be made in the premises, and to that end shall have all the powers of the office or body from whom the appeal was taken and may issue or direct the issuance of a permit. The Zoning Board of Appeals shall also have the following specified duties and powers:

12.5.1.

Review. Shall hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative official or body charged with the enforcement of this chapter.

12.5.2.

Interpretation. Shall have the power to:

A.

Hear and decide upon appeals for the interpretation of the provisions of this Ordinance.

B.

Determine the precise location of the boundary lines between zoning districts.

C.

Classify a use which is not specifically mentioned along with a comparable permitted or prohibited use for the purpose of the use regulations in any zoning district.

12.5.3.

Variances. The Zoning Board of Appeals shall have the power to authorize upon appeal, specific variances from such dimensional requirements as lot area and width regulations, building height, and bulk regulations, yard width and depth regulations, and such requirements as off-street parking and loading space as specified in this Ordinance when all the basic standards listed below are satisfied; that any variance granted:

A.

Will not be contrary to the public interest and will not be contrary to the spirit and intent of this Ordinance.

B.

Shall not permit the establishment within a zoning district of any use which is not permitted by right within the district.

C.

Will not cause any adverse effect to property in the vicinity or in the zoning district of the City.

D.

Is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions practicable.

E.

Affects only property subject to exceptional or extraordinary circumstances or conditions that do not generally apply to other property or uses in the vicinity, and have not resulted from any act of the applicant.

F.

Must be granted in order to avoid practical difficulties or unnecessary hardship which would result from enforcement of the strict letter of this Ordinance.

12.5.4.

Conditions. In addition to the foregoing conditions, the following rules shall be applied in the granting of variances.

A.

The Board of Appeals may impose reasonable conditions upon an affirmative decision. The conditions may include conditions necessary to ensure that public services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused to the land used for activity, to protect natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

1.

Be designed to protect natural resources, the health, safety and welfare, as well as 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.

2.

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

3.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established for the land use or activity under consideration; and be necessary to ensure compliance with those standards.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the land owner. The Board shall maintain a record of changes granted in conditions.

B.

No more than the minimum variance from the terms of this Ordinance shall be granted which is necessary to relieve the practical difficulty or unnecessary hardship.

C.

An application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall not be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.

D.

Each variance granted shall become null and void unless the provisions of the variance have been utilized by the applicant within six (6) months after the granting of the variance.

E.

Prior to granting a variance, all other existing infractions related to this Ordinance or other City codes related to the variance request shall be resolved.

12.6.1.

The decision of the Board of Appeals rendered pursuant to Article XII shall be final. However, a party aggrieved by the decision may appeal to the Circuit Court. Upon appeal, the Circuit Court shall review the record and decision of the Board of Appeals to insure that the decision:

A.

Complies with the Constitution and Laws of the State.

B.

Is based upon proper procedure.

C.

Is supported by competent materials, and substantial evidence on the record.

D.

Represents the reasonable exercise of discretion granted by law to the Board of Appeals.

12.6.2.

If the court finds the record of the Board of Appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to 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. The supplementary record and decision shall be filed with the Court.

(Ord. No. 2007-02, § 1, 4-16-07)