(a)

Established. The Zoning Board of Appeals is hereby established having the powers and duties authorized by the Michigan Zoning Enabling Act, Public Act 110 of 2006, found at MCL 125.3101 et seq. (formerly authorized under MCL 125.581 et seq.), as amended.

(b)

Regular Membership/appointment. The Board of Appeals shall consist of nine (9) regular members appointed by the Warren City Council. The regular members and any alternate member under subsection (d), shall be selected from the electors residing within the City of Warren and shall be representative of the population distribution and of the various interests present within the City. Each regular member and any alternate member under subsection (d), shall be appointed by a majority vote of the members of the City Council, and shall not be a City employee or a City contractor.

(c)

Term. Each regular member appointed and any alternate member under subsection (d), shall hold office for a term of three (3) years, except when an appointment is made to fill a vacancy, in which case the term of the member shall be for the duration of the unexpired term. The appointments shall be staggered to establish the appointment of three (3) regular members and no more than one (1) alternate member each year. Members shall be eligible for re-appointment to succeeding terms. Upon expiration of a term or in the event of a vacancy, an appointment shall be made not more than one (1) month after the term has expired or the vacancy occurred.

(d)

Alternate membership/appointment. The Warren City Council may appoint up to two (2) alternate members for the Board of Appeals with the same term of years as a regular member. In the absence of a regular member, an alternate member may be called to serve as a member of the Board of Appeals. An alternate member may also be called to serve on the Board of Appeals in place of a regular member who has abstained due to a conflict of interest. In the event of a postponed hearing, if at the original hearing the Petitioner completed presenting his or her petition request, then the alternate member shall serve at the Petitioner's postponed hearing, until a final decision is made. When serving as a Board of Appeals member, an alternate member shall have the same voting rights as a regular member. In addition, an alternate member shall receive the same per diem compensation and adhere to the same requirements and responsibilities as a regular member.

(Ord. No. 30-986, § 1, 7-28-09; Ord. No. 30-1031, § 1, 11-14-17)

State Law reference— Michigan Zoning Enabling Act, Public Act 1001 of 2006, as amended, found at MCL 125.3101 et seq.

The members of the Board shall receive a per diem compensation as determined by Resolution of City Council. Travel requests to attend conferences or seminars shall follow standard City procedures.

(Ord. No. 30-986, § 1, 7-28-09)

A member of the Zoning Board of Appeals may be removed by the City Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing before the City Council. 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 constitutes malfeasance in office.

(Ord. No. 30-986, § 1, 7-28-09)

The Board shall adopt Rules of Procedure to govern its procedures consistent with this section.

(a)

Officers. The Board shall elect from its membership a Chair, Vice-Chair, Secretary and Assistant Secretary and any other officers the Board deems necessary according to the Rules of Procedure. The Chair shall preside over the meetings and shall vote. The Chair shall have all duties and powers authorized by the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended.

(b)

Meetings. Regular meetings of the Board shall be held at least once per month at a time and place designated by the Board. Within ten (10) days after the first meeting of the calendar year, a notice setting forth the dates, time and place of the regular meetings scheduled for the calendar year shall be posted. If there is a change in the schedule of regular meetings of the Board, a notice shall be posted within three (3) days after the meeting at which the schedule was changed stating the changes made. For a rescheduled regular meeting, a notice stating the date, time and place of meeting shall be posted at least eighteen (18) hours before the meeting. Special meetings of the Board may be called by the Chair or Secretary of the Board. Notice of the special meeting shall be provided to members of the Board at least forty-eight (48) hours before the special meeting is held. A notice stating the date, time and place of meeting shall be posted at least eighteen (18) hours before the meeting.

(c)

Compliance With Open Meetings Act. All meetings of the Board shall be public and shall adhere to the Open Meetings Act, P.A. 267 of 1976, as amended, MCL 15.261 et seq. A meeting agenda shall be part of the public notice and shall include a listing of each application to be considered by the Board.

(d)

Conduct of business. The Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Zoning Board of Appeals are present.

(e)

Record. The Zoning Board of Appeals shall issue its decision in writing signed by the Chair. The Board shall keep a record of its proceedings in compliance with the Open Meetings Act, P.A. 267 of 1976, as amended, MCL 15.261, et seq. All public records shall be open to the public in compliance with the Freedom of Information Act, MCL 15.231 et seq. and a copy of the record of proceedings shall be filed in the office of the City Clerk.

(f)

Voting. Each member of the Board shall be entitled to one (1) vote and each member shall vote on all motions brought before the Board at any regular or special meeting at which the Board member is in attendance, unless the member disqualifies himself or herself from a vote in which the member has a conflict of interest. The concurring vote of five (5) members of the Board of Appeals shall be required to approve an application for a non-use variance from a zoning ordinance requirement; or to approve a matter which the Ordinance requires approval of the Board; or to reverse an order, decision or determination of an administrative official. The concurring vote of six (6) members of the Board shall be required to approve a land use variance.

(g)

Conflict of interest. No Board member shall vote on a motion in which the Board member has a direct or indirect personal, professional or financial interest and shall disqualify him or herself from a vote in which the member has a conflict of interest.

(h)

Decision final. Any decision of the Board is final. Decisions of the Zoning Board of Appeals being final are not subject to reconsideration.

(Ord. No. 30-986, § 1, 7-28-09)

The Board of Appeals, in conformity with the provisions of this article and the Michigan Zoning Enabling Act, MCL 125.3601 et seq., is hereby authorized 1) to hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of a zoning ordinance adopted under this article; and 2) to hear and decide questions related to the interpretation of the zoning ordinance; and 3) to hear and decide questions related to interpretation of the zoning maps; and 4) shall have the authority to grant land use and non-use variances according to the provisions of this article; and 5) to hear and decide matters which the Zoning Board of Appeals is required to pass under this article.

(Ord. No. 30-986, § 1, 7-28-09)

An appeal may be taken to the Zoning Board of Appeals from an administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of a zoning ordinance. The appeal may be filed by a person with a legal interest in the property that is the subject of the order, requirement, decision, or determination; or by an officer, department, board or bureau of the state or local unit of government; or by a person aggrieved by an order, requirement, decision or determination made by an administrative official or body charged with enforcement of a zoning ordinance.

(Ord. No. 30-986, § 1, 7-28-09)

An appeal shall be filed within thirty (30) days of the date the administrative order, requirement, decision or determination is made by an administrative official or body charged with enforcement of a zoning ordinance.

(Ord. No. 30-986, § 1, 7-28-09)

An application for appeal shall be filed in writing and shall be submitted together with thirteen (13) copies of all documentation submitted to support the appeal with the Zoning Board of Appeals and one (1) copy submitted to the officer/department from whom the appeal is taken. The written application shall be complete, including all information required by the Rules of Procedure; shall specify the grounds for the appeal; and shall be accompanied by the filing fee established by resolution of City Council. Notice of the public hearing on the appeal shall comply with section 20.39.

(Ord. No. 30-986, § 1, 7-28-09)

The body or officer from whom the appeal is taken shall immediately transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 30-986, § 1, 7-28-09)

An appeal to the Zoning Board of Appeals stays all proceedings in furtherance of the action appealed, except, any application filed for a variance pursuant to Division 5 of this article may be processed and considered by the Zoning Board of Appeals and is not subject to a stay of proceedings. However, if the body or officer from whom the appeal is taken certifies to the Zoning Board of Appeals after the application of appeal is filed, that by reason of facts stated in the certificate a stay would in the opinion of the body or officer cause imminent peril to life or property, the proceedings may be stayed only by a restraining order issued by the Zoning Board of Appeals or the Circuit Court.

(Ord. No. 30-986, § 1, 7-28-09)

If the Zoning Board of Appeals receives a written request seeking an appeal of an administrative decision, the Zoning Board of Appeals shall conduct a public hearing on the request. Notice shall be given as required by section 20.42. However, if the request does not involve a specific parcel of property, notice need only be published as provided in subsection 20.42(a) and given to the person making the request as provided in subsection 20.42(b)(1).

(Ord. No. 30-986, § 1, 7-28-09)

At the hearing, an applicant may appear personally or by their designated agent or attorney. In order for the agent or representative to appear on behalf of the applicant at the hearing, without the applicant's appearance, the applicant shall file a written designation of representation with the Zoning Board of Appeals.

(Ord. No. 30-986, § 1, 7-28-09)

The Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed and upon reversing the decision appealed may direct the issuance of a permit. The Zoning Board of Appeals shall state the grounds for its determination and issue its decision in writing.

(Ord. No. 30-986, § 1, 7-28-09)

If an appeal is filed by a person who does not have a legal interest in the property, the following additional regulations shall apply:

(a)

Threshold Standard "Aggrieved Person". This means that in order for an application for appeal to be accepted by the Zoning Board of Appeals from a person who has no legal interest in the property, the person must initially demonstrate that the administrative order, requirement, decision or determination will result in a unique harm or injury impacting the use of their property that is not common to other property owners similarly situated. The determination that the person has demonstrated unique harm or injury qualifies the person to be an "aggrieved person" who has standing to appeal.

(b)

Application. To accept an application for appeal to the Zoning Board of Appeals from a person who has no legal interest in the subject property, the applicant must allege in the application facts which support that the administrative order, requirement, decision or determination appealed from will result in unique harm or injury not common to other property owners similarly situated.

(c)

Notice. Upon receipt of an application for appeal from a person who has no legal interest in the subject property, the application shall be placed on the agenda for an administrative hearing to determine if the person meets the threshold standard as an "aggrieved person". Written notice of the receipt of the application for appeal shall be sent to the owners of record of the subject property. In addition, written notice of the time, date and place of the administrative hearing shall be sent to the applicant, the owners of record of the subject property and the officer/department from whom the appeal is taken at least seven (7) days prior to the date of the administrative hearing.

(d)

Administrative Hearing. Upon receipt of a complete application for appeal from a person alleging they are an "aggrieved person", the Zoning Board of Appeals shall conduct an administrative hearing to determine whether the applicant is an "aggrieved person". The applicant/applicant representative shall be allowed to address the Board to demonstrate that they are an "aggrieved person". In addition, the owner/owner's representative of the property shall be allowed to address the Board regarding whether the applicant meets the threshold standard as an "aggrieved person". The administrative hearing shall be placed on the agenda and held at a public meeting, however, it is not a public hearing for the general public and is not a hearing on the appeal.

(e)

Burden. The applicant bears the burden of demonstrating that he/she is an "aggrieved person" by showing that the decision upon which the Board will pass, poses a threat of unique harm or injury to the applicant not common to other property owners similarly situated.

(f)

Decision. Based on the information presented at the administrative hearing, the Zoning Board of Appeals shall decide whether the applicant met the threshold standard and is an "aggrieved person". If the Board determines by a vote of five (5) members that the applicant is an "aggrieved person", the appeal shall then be scheduled for a public hearing pursuant to section 20.11 and properly noticed in conformity with section 20.42.

(Ord. No. 30-986, § 1, 7-28-09)

The Zoning Board of Appeals is not authorized to accept appeals of the decision of the City Council on a request for approval of a special land use permit. Appeals of the decision of City Council shall be to the Circuit Court as provided in the Michigan Zoning Enabling Act, MCL 125.3101 et seq.

(Ord. No. 30-986, § 1, 7-28-09)

Applications related to the interpretation of the zoning ordinance or the zoning maps may be made to the Zoning Board of Appeals.

(Ord. No. 30-986, § 1, 7-28-09)

An application for an interpretation of the zoning ordinance or maps shall be filed in writing and shall be submitted together with thirteen (13) copies of all documentation submitted to support the interpretation appeal with the Zoning Board of Appeals and one (1) copy submitted to the officer/department from whom the appeal is taken. The written application shall be complete, including all information required by the Rules of Procedure; shall specify the grounds for the appeal; and shall be accompanied by the filing fee established by resolution of City Council. Notice of the public hearing on the appeal shall comply with section 20.42.

(Ord. No. 30-986, § 1, 7-28-09)

A copy of the application for interpretation of the zoning ordinance or map shall be forwarded to the Planning Director for review. The Planning Director may provide a written report to the Board prior to the public hearing.

(Ord. No. 30-986, § 1, 7-28-09)

Upon receipt of a written request for an interpretation of the zoning ordinance or zoning map, the Zoning Board of Appeals shall conduct a public hearing on the request. Notice shall be given as required under section 20.42. However, if the request does not involve a specific parcel of property, notice need only be published as provided in subsection 20.42(a) and given to the person making the request as provided in subsection 20.42(b)(1).

(Ord. No. 30-986, § 1, 7-28-09)

At the hearing, an applicant may appear personally or by their designated agent or attorney. In order for the agent or representative to appear on behalf of the applicant at the hearing, without the applicant's appearance, the applicant shall file a written designation of representation with the Zoning Board of Appeals.

(Ord. No. 30-986, § 1, 7-28-09)

Based on its determination on a request for an interpretation, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or interpretation appealed. The Zoning Board of Appeals shall state the grounds for its interpretation and issue its decision in writing.

(Ord. No. 30-986, § 1, 7-28-09)

The Zoning Board of Appeals shall have the authority to grant variances from the regulations of the zoning ordinance so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice done. The Board of Appeals shall hear and decide all applications for variances. There are two (2) types of variances: non-use variances and land use variances.

(Ord. No. 30-986, § 1, 7-28-09)

Default. Applicant shall not apply for or be heard by the Zoning Board of Appeals for a variance request if he or she is in default to the City. "Default" is defined as any of the following:

(1)

Applicant or Applicant's tenant is Five Hundred Dollars ($500.00) or more behind in property taxes associated with the subject property;

(2)

Applicant or Applicant's tenant is Five Hundred Dollars ($500.00) or more behind in payments relating to an existing tax delinquent payment plan associated with the subject property;

(3)

Applicant or Applicant's tenant is Five Hundred Dollars ($500.00) or more behind with the water bill payments associated with the subject property;

Exception. An Applicant who is in default to the City may submit a letter of hardship to City Council for consideration and approval of a default waiver. Applicant shall explain and state his or her hardship to City Council. City council may grant the Applicant a default waiver, authorizing the variance application to be processed, allowing the Applicant to appear before the Zoning Board of Appeals.

(Ord. No. 30-1032, § 1, 11-14-2017; Ord. No. 30-1031, § 1, 11-14-2017)

State Law reference— The Home Rule City Act 279 of 1909, as amended, found at MCL 117.5(f).

Non-use variances relate to the modification of applicable area, dimension or structural regulations. The concurring vote of five (5) members of the Board shall be required to approve a non-use variance. No variation from the provisions or requirements of this article shall be authorized by the Board unless the Board finds that the applicant has demonstrated all of the following to establish there is a practical difficulty in complying with the article requirement:

(1)

Unreasonable impact/burden. Strict compliance with area, setback, frontage, height, bulk or density requirements would unreasonably prevent the applicant from using the property for a permitted purpose, or would be unnecessarily burdensome.

(2)

Not self-imposed. The condition was not created by the applicant or a previous owner of the property or reasonably discoverable by the owner.

(3)

Property unique. The property has unique physical features or characteristics; or the plight is due to unique circumstances of this property and is not due to general neighborhood conditions.

(4)

Not a detriment. Granting the variance will not result in detriment to nearby properties; will not impair an adequate supply of light and air to the adjacent properties; will not impair the property values in the surrounding area; and will not cause public safety concerns.

(5)

Not personal or economic. The variance request is not primarily related to personal or economic hardship, rather, it is related to the unique features of the property.

(6)

Necessary. The variance is necessary for the preservation and enjoyment of a substantial property right similar to that enjoyed by other properties in the same zoning district and in the vicinity.

(Ord. No. 30-986, § 1, 7-28-09)

A land use variance allows property to be used for a specific use that otherwise is prohibited in the applicable zoning district. The concurring vote of six (6) members of the Board shall be required to approve a land use variance. A land use variance shall not be authorized by the Board unless the Board finds that the applicant has demonstrated all of the following criteria to establish an unnecessary hardship:

(1)

Property cannot be used as zoned. The characteristics of the property are such that it cannot be used for any use permitted in the zoning district; or the property can only be used for a permitted use at a prohibitive expense and therefore, will not yield a reasonable rate of return; or the characteristics of the property render it valueless or to have only distress value for any of the uses permitted by the zoning district; or this article as it applies to the property is unreasonable and arbitrary; or confiscatory.

(2)

Not self-imposed. The condition was not created by the applicant or a previous owner of the property or reasonably discoverable by the owner.

(3)

Property unique. The property has unique physical features or characteristics or the plight is due to unique circumstances of this property and is not due to general neighborhood conditions.

(4)

Not a detriment. Granting the variance will not result in detriment to nearby properties; will not impair an adequate supply of light and air to the adjacent properties; will not impair the property values in the surrounding area; will not alter the essential character of the area; and will not cause public safety concerns.

(5)

Necessary. The land use variance is necessary for the preservation and enjoyment of the property.

(Ord. No. 30-986, § 1, 7-28-09)

In addition, a variance in the zoning ordinance may be applied for and granted under section 4 of the Uniform Condemnation Procedures Act, found at, MCL 213.54, as amended, and as provided under this article.

(Ord. No. 30-986, § 1, 7-28-09)

A request for a variance from an ordinance provision applicable to property located in a Planned Unit Development District may be considered by the Zoning Board of Appeals, provided that the provision is not included in the Planned Unit Development Agreement as approved by the City Council. If the provision is included in the approved Planned Unit Development Agreement, the provisions related to major and minor modification as set forth in article 18 shall control.

(Ord. No. 30-986, § 1, 7-28-09)

A written application for a variance shall be submitted together with thirteen (13) copies of a plan drawn to scale showing the dimensional and land use elements for the property, and thirteen (13) copies of all documentation submitted to support the requested variance. All commercial, industrial and new construction plans shall be prepared by a professional architect, engineer, land surveyor, landscape architect or community planner and shall bear the seal of a registered professional, except variances for residential fences and accessory buildings. Applications for residential fences and accessory buildings shall not be accepted unless accompanied by a mortgage survey or other survey drawn to scale showing the dimensional elements of the property.

(Ord. No. 30-986, § 1, 7-28-09)

No application shall be accepted unless it is a complete submission and includes the application fee established by resolution of the City Council.

Further, variance requests related to subdivisions or multiple lots the following formula will be used in computing the required fee:

(1)

Lots on the same side of a street containing the same size and dimensions, in consecutive order, one (1) application form is required.

(2)

Should any break occur in the consecutive order of lots, a separate application form will be required.

(3)

Lots on the opposite side of the street, but of the same size and dimensions, will also require a separate application form.

(4)

Corner lots will require a separate application form.

(Ord. No. 30-986, § 1, 7-28-09)

A copy of the application for variance shall be forwarded to the Planning Director for review.;b0;The Planning Director may provide a written impact statement to the Board prior to the public hearing.

(Ord. No. 30-986, § 1, 7-28-09)

Upon receiving a complete application for a variance, the Zoning Board of Appeals shall conduct a hearing on the request. Notice shall be given as required under section 20.42.

(Ord. No. 30-986, § 1, 7-28-09)

At the hearing, an applicant may appear personally or by their designated agent or attorney. In order for the agent or representative to appear on behalf of the applicant at the hearing, without the applicant's appearance, the applicant shall file a written designation of representation with the Zoning Board of Appeals.

(Ord. No. 30-986, § 1, 7-28-09)

In authorizing a variance, the Zoning Board of Appeals may attach conditions regarding the location, character, hours of operation, landscaping or use reasonably necessary to the furtherance of the intent and spirit of this article. In order to secure the performance of such reasonable conditions as the Board may require, pertaining to the improvement of off-street parking lots, or the installation of greenbelts or decorative walls or fences the Board may require the posting of a cash or surety bond in an amount equal to the cost of complying with the condition or conditions which the Board may require.

(Ord. No. 30-986, § 1, 7-28-09)

If a request for a variance is approved, application for site plan approval or required permits shall be made within one (1) year of the date of variance approval. Because circumstances change over time, if application is not made within one (1) year, the approval shall be rescinded and the applicant shall be required to file a new application for consideration. In addition, if the property is transferred after approval of the variance and prior to commencing construction, the approval shall be rescinded and the applicant shall be required to file a new application for consideration.

(Ord. No. 30-986, § 1, 7-28-09)

The Zoning Board of Appeals shall state the grounds for its determination and issue its decision in writing.

(Ord. No. 30-986, § 1, 7-28-09)

A special exception is where the zoning ordinance permits certain uses that are authorized by the ordinance upon the Zoning Board of Appeals determining that the use meets the stated conditions for the specified use of the property. Outdoor retail sales, circuses, fairs and carnivals are examples of special exceptions. Special exceptions are not variances and may be temporary, seasonal or permanent in nature as provided by the applicable ordinance provision.

(Ord. No. 30-986, § 1, 7-28-09)

Whenever in this article the lawful exercise or existence of a use requires the approval of the Zoning Board of Appeals, a written application for approval of a special exception shall be submitted together with thirteen (13) copies of a plan drawn to scale showing the dimensional and land use elements for the property, and thirteen (13) copies of all documentation submitted to support the request. All plans shall be prepared by a professional architect, engineer, land surveyor, landscape architect or community planner and shall bear the seal of a registered professional. No application shall be accepted unless it is a complete submission and includes the application fee established by resolution of the City Council.

(Ord. No. 30-986, § 1, 7-28-09)

Whenever in this article, the lawful exercise or existence of a use requires the approval of the Zoning Board of Appeals, the Board shall be guided by the following standards:

(1)

Whether there is proper yard space, parking facilities, loading space and storage space to adequately carry on the use contemplated.

(2)

Whether the location and size of the proposed use, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to access streets will not be hazardous or inconvenient to the neighborhood.

(3)

Whether, the traffic to and from the use or uses, and the assembly of persons in connection herewith, will not be hazardous or inconvenient to the neighborhood nor unduly conflict with the normal traffic of the neighborhood.

(4)

Whether or not the proposed use will have a detrimental effect on the health, peace, safety and welfare of persons residing in the surrounding neighborhood.

(Ord. No. 30-986, § 1, 7-28-09)

In approving a special exception, the Zoning Board of Appeals may attach conditions regarding the location, character, hours of operation, landscaping or use reasonably necessary to the furtherance of the intent and spirit of this article.

(Ord. No. 30-986, § 1, 7-28-09)

Upon receiving a complete application for a special exception, the Zoning Board of Appeals shall conduct a hearing on the request. Notice shall be given as required under section 20.42.

(Ord. No. 30-986, § 1, 7-28-09)

At the hearing, an applicant may appear personally or by their designated agent or attorney. In order for the agent or representative to appear on behalf of the applicant at the hearing, without the applicant's appearance, the applicant shall file a written designation of representation with the Zoning Board of Appeals.

(Ord. No. 30-986, § 1, 7-28-09)

The Zoning Board of Appeals shall state the grounds for its determination and issue its decision in writing.

(Ord. No. 30-986, § 1, 7-28-09)

(a)

Public hearings only. If a public hearing is required under this article, the Zoning Board of Appeals shall publish notice of the hearing in a newspaper of general circulation in the local unit of government not less than fifteen (15) days before the date of the public hearing in addition to the notice required by subsection (b).

(b)

All hearings. For all hearings required by this article, including public hearings, notice shall be given complying with subsection (c) to all of the following:

(1)

All owners of the property that is the subject of the request;

(2)

All persons to whom real property is assessed within three hundred (300) feet of the property that is the subject of the request, regardless of whether the property is located in the City of Warren. Notice shall be provided to the citizens of the adjacent municipality after their municipality receives notice from the City of Warren that describes generally a geographic area of land located within 300 feet of the boundary of the property within the City of Warren.

(3)

The occupants of all structures within three hundred (300) feet of the subject property regardless of whether the structure is located within the City of Warren. Notice need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) 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 notice at the primary entrance to the structure.

(c)

Delivery; contents. The 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. The notice shall be given not less than fifteen (15) days before the hearing date. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. Notices shall include the following information:

(1)

Describe the nature of the request.

(2)

Indicate the property that is the subject of the request.

(3)

The notice shall include a list of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(4)

State when and where the hearing will be conducted and the request will be considered.

(5)

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

(Ord. No. 30-986, § 1, 7-28-09; Ord. No. 30-1071, § 7, 2-8-22)

The decision of the Zoning Board of Appeals shall be final. A party aggrieved by the decision may appeal to the Circuit Court for the County of Macomb as provided under MCL 125.3606.

(Ord. No. 30-986, § 1, 7-28-09)

An appeal from a decision of a Zoning Board of Appeals shall be filed within thirty (30) days after the Zoning Board of Appeals issues its decision in writing signed by the Chair, or within twenty-one (21) days after the Zoning Board of Appeals approves the minutes of its decision.

(Ord. No. 30-986, § 1, 7-28-09)