The Stanton City Commission is hereby established as the zoning board of appeals in accordance with Act 110 of the Public Acts of the State of Michigan for 2006, as amended, to carry out the responsibilities provided therefrom, and those delegated herein.

The zoning board of appeals shall have all the power and duties prescribed by law and by this ordinance which are more particularly specified as follows:

a)

Hear appeals. The zoning board of appeals shall 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 zoning administrator or by any other official in administering or enforcing any provisions of this ordinance.

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, 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.

b)

Interpretation. Upon appeal from a decision of an administrative official, to decide any question involving the interpretation of any provision of this ordinance, including determination of the exact location of any zoning boundary if there is uncertainty with respect to the zoning boundaries.

c)

Variances. The zoning board of appeals shall be empowered to issue variances under conditions set forth in this ordinance.

d)

PUDs and special land uses. The zoning board of appeals shall have no jurisdiction or authority to hear appeals from the final decision made by the planning commission or city commission with respect to special land uses and planned unit developments, including any conditions attached to a special land use and planned unit developments.

However, the zoning board of appeals may grant a variance from the requirements set forth for the specific standards for special land uses, in section 14 of this ordinance, provided the zoning board of appeals finds that the request meets all of the standards for approval of a variance contained herein. Decisions by the zoning board of appeals on requests for variances from the specific standards for special land uses shall be made prior to the planning commission's consideration of the special land use.

e)

Use variance. The zoning board of appeals shall not grant a use variance. For purposes of this section, a use variance is defined as allowing a use in any district in which such use is otherwise not permitted by this ordinance.

f)

Imposition of conditions. The zoning board of appeals may impose reasonable conditions with an affirmative decision. Conditions imposed shall meet all of the following requirements:

1)

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;

2)

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

3)

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 of activity under consideration and be necessary to ensure compliance with those standards.

a)

Officers and rules. The zoning board of appeals shall annually elect its own chairperson, vice-chairperson, and secretary. The board shall adopt its own rules of procedure and bylaws.

b)

Meetings.

1)

Meetings of the zoning board of appeals shall be held at the call of the chairperson and at other times as the zoning board of appeals in its rules of procedure may specify. The chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses.

2)

The zoning administrator or their representatives shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Such records shall be filed with the city clerk.

3)

The presence of four members shall constitute a quorum. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which it is required to pass by this ordinance, or to grant variances from the terms of this ordinance. A member shall disqualify themselves from a vote in which there is a conflict of interest.

c)

Public hearings.

1)

Upon appeal, the zoning board of appeals shall hold a public hearing on all matters referred to it, or upon which it is required to act. Notice of the hearing shall be as required by section 21.11 herein.

2)

For a request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice of a public hearing shall be published in a newspaper of general circulation within the city and shall be sent to the person seeking the interpretation or appeal not less than 15 days before the public hearing.

In addition to the newspaper notice required by the above paragraph, 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 notice of the public hearing on the interpretation request shall also be sent by first class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

a)

An application for an appeal may be submitted by a person aggrieved, or by an officer, department, or board of the city. Such application shall be submitted within ten days of the action being appealed. The application shall be filed with the zoning administrator and shall specify the grounds for the appeal.

b)

Variances, and other actions requiring a decision of the zoning board of appeals shall be submitted to the city on a form provided for that purpose and shall include a fee, as may be determined by the city commission from time to time.

c)

Applications shall be transmitted to the zoning board of appeals, along with all the papers constituting the record upon which the action appealed was taken, and a public hearing scheduled in accordance with the procedures of this chapter.

d)

Applications shall not be accepted unless all of the following information is submitted:

1)

A completed application form (provided by the city).

2)

An accurate, scaled site plan with enough information to clearly indicate the nature of the issue being considered. The zoning administrator shall determine the completeness of such plans.

3)

An application fee as may be determined by the city commission from time to time.

4)

A written explanation from the applicant indicating why the application meets the standards of section 20.06 of this chapter.

e)

An application for an appeal or variance, or any other action requiring board approval shall stay all proceedings in furtherance of the matter to which the application applies unless the zoning administrator certifies to the zoning board of appeals, after the application of appeal is filed, that by reason of facts present a stay would, in the opinion of the zoning administrator, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order. This restraining order may be granted by the zoning board of appeals or circuit court on application and with due cause shown.

f)

A request which has been denied by the zoning board of appeals shall not be submitted for reconsideration within a six-month period from the date of the original application unless the zoning board of appeals finds that at least one of the following conditions exist: That the conditions involving all of the reasons for the original denial have been significantly altered; or that new conditions or circumstances exist which change the nature of the original request.

a)

Where an applicant can present proof of a practical difficulty in the way of carrying out the strict letter of the ordinance, the zoning board of appeals, after a public hearing, shall have the power, in passing on appeals, to vary or modify any of its rules, regulations, or provisions, by granting a variance and in so doing ensure that the spirit of this chapter is observed, public safety secured and substantial justice done.

b)

Variance standards. In order to grant a variance as permitted by this section the zoning board of appeals must find that all of the following standards have been met:

1)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district and that these conditions create a practical difficulty for the applicant in using the property for a permitted use.

2)

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

3)

That granting the variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.

4)

That the immediate practical difficulty causing the need for the variance request was not created by any affirmative action of the applicant.

Any variance granted by the zoning board of appeals shall become void if the construction, occupancy or other actions authorized by such variance have not commenced within one year from the date when the variance was granted. The zoning board of appeals, however, may grant an extension of the time period for not more than one year if the applicant files a request for an extension with the zoning administrator before the variance period expires and the zoning board of appeals finds that an extension is warranted due to circumstances beyond the control of the applicant. Such request shall be considered at a public meeting of the board of appeals but a public hearing shall not be required.

The decision of the zoning board of appeals shall be final. However, any person having an interest affected by any such decision may appeal to the circuit court to the extent and in the manner permitted by law. Such appeal shall be filed within 30 days after the zoning board of appeals issues its decision in writing signed by the chairperson, or 21 days after the zoning board of appeals approves the minutes of the decision, whichever comes first.