A board of zoning appeals is hereby established as provided in and having the powers given by Act No. 10 of the Public Acts of Michigan of 2006, as amended. The board shall consist of seven regular members and two alternate members, as appointed by the city commission. The alternate members may be called on a rotating basis to sit as regular members of the board in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. An alternate member called to serve in the place of a regular member shall serve in the case until a final decision is made, and shall have the same voting rights as a regular member of the board. Each regular and alternate member shall receive a sum for his services in attending each regular or special meeting of the board, and the board shall be allowed an amount for expenses actually incurred in the discharge of its duties, as provided by resolution of the commission.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

The board of zoning appeals may fix rules and regulations to govern its procedures sitting as such board of appeals. Copies of such rules and regulations shall be made available to the public.

(b)

Meetings of the board of zoning appeals shall be held at the call of the chairman and at such times as the board in its rules of procedure may specify. The 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 maintain a record of its proceedings which shall be filed in the office of the city clerk and shall be a public record.

(c)

Meetings of the board of zoning appeals shall be held within a reasonable time following the presentation of matters to the board for its consideration. The presence of four regular members shall be necessary to constitute a quorum. The board shall act by resolution and the concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which they are required to pass under an ordinance, or to effect a variation in an ordinance, except that a concurring vote of five of the members of the board shall be necessary to grant a variance from uses of land permitted in an ordinance.

(d)

The minutes of the proceedings of the board of zoning appeals shall show the vote of each member upon each question, or if the member is absent or failing to vote, shall indicate such fact.

(e)

The board of zoning appeals may call on any other offices or boards of the city for assistance in the performance of its duties.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

The board of zoning appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by city administrative zoning staff, and shall hear and decide other matters referred to it or upon which it is required to pass under the provisions of this chapter. 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 such order, requirement, decision or determination as in its opinion ought to be made as to the premises, and to that end shall have all the powers granted under the provisions of Act No. 110 of the Public Acts of Michigan of 2006, as amended. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the board of zoning appeals shall have power in passing upon appeals to vary or modify rules, regulations or provisions so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

The board of zoning appeals may grant a variance from the provisions or requirements of this chapter if the board finds from reasonable evidence that all the following facts and conditions exist:

(b)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district.

(c)

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.

(d)

That authorizing such variance will not be of substantial detriment to adjacent property, and will not materially impair the intent and purposes of this chapter or the public interest.

(e)

That the condition or situation of the piece of property or the intended use of such property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

(f)

With respect to the use variance, that the property for which a variance is sought cannot reasonably be used in a manner consistent with existing zoning.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

In addition to the specific conditions of approval set forth in this chapter, reasonable conditions may be imposed by the board of zoning appeals upon an affirmative decision. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the 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 the following:

(b)

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.

(c)

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

(d)

Be necessary to meet the intent and purpose of this chapter; be related to the standards established in the ordinance for approval of the application or appeal under consideration; and be necessary to ensure compliance with those standards.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

The following procedure shall be required:

(a)

An appeal from a ruling of an officer administering any portion of this chapter may be taken by a person or governmental department affected or aggrieved. Any such appeal must be taken within 60 days from the date of the action appealed from.

(b)

An application for a variance may be taken by a person having a legal interest in the property concerned.

(c)

The board of zoning appeals shall not consider an application or appeal without payment by the applicant or appellant to the city treasurer of a fee, to be established by resolution of the city commission.

(d)

When an application or appeal has been filed in proper form and with the required information, the secretary of the board of zoning appeals or his designee shall place the application or appeal upon a meeting agenda for a hearing.

(e)

An application or appeal scheduled for a hearing shall be given public notice in the following manner:

(1)

A public notice of the hearing shall be published in a newspaper of general circulation in the city. This public notice shall be published not less than 15 days before the date of the hearing.

(2)

A written public notice of the hearing shall be given to:

a.

The owners of the property that is the subject of the hearing.

b.

All persons to whom real property is assessed within 300 feet of the property that is the subject of the hearing. This notice shall be given regardless of whether the property is located in the city.

c.

The occupants of all structures within 300 feet of the property that is the subject of the hearing. This notice shall be given regardless of whether the structures are located in the city.

(3)

Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, then one occupant of each unit or spatial area shall be given notice.

(4)

If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the public notice at the primary entrance to the structure.

(5)

The public notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service.

(6)

The written public notice shall be given not less than 15 days before the date the request will be considered.

(7)

If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(8)

A public notice shall do all of the following:

a.

Describe the nature of the request.

b.

Indicate the property that is the subject of the request. This shall include a listing of all existing street addresses for the property.

c.

State when and where the request will be considered.

d.

Indicate when and where written comments will be received concerning the request.

(9)

Upon the day for hearing an application or appeal, the board of zoning appeals may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

The board of zoning appeals shall decide all applications and appeals within 30 days after the final hearing thereon. A copy of the board's decision shall be transmitted to the applicant or appellant and to the building inspector. Such decision shall be binding upon the building inspector and be observed by him, and he shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant whenever a permit is authorized by the board. A decision of the board shall not become final until the expiration of five days from the date such decision is made, unless the board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record. No application or appeal which has been denied shall be resubmitted within 120 days after the denial by the board.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

No decision of the board of zoning appeals authorizing the erection or alteration of a building or structure, or a portion thereof, shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within one year of the decision and such erection or alteration is started and proceeds to completion in accordance with the terms of the building permit.

(b)

No decision of the board of zoning appeals authorizing the use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use is dependent upon the erection or alteration of a building or structure, or a portion thereof, such decision shall continue in force and effect if a building permit for the erection or alteration is obtained within one year of the decision and such erection or alteration is started and proceeds to completion in accordance with the terms of the building permit.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

An appeal taken to the board of zoning appeals shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of appeals, after notice of appeal shall have been filed with the city clerk, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the board of appeals or by the circuit court on application, after notice to the building inspector.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

Any person or any department, board or bureau aggrieved by any decision of the board of appeals may seek review of such decision by a court of record in the manner provided by the laws of the state.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)