(1)

There is hereby created a board of zoning appeals consisting of seven members selected from residents of the city, one member of which shall be selected from the planning commission. The term of office of the member selected from the city council shall be as provided in the city charter. As the terms of all citizen members expire, their successors shall be appointed for terms of three years each. The city council may appoint not more than two alternate members for the same term as regular members of the board. The alternate members may be called by the board on a rotating basis and as available to serve in the place of a regular member 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 a regular member has abstained for reasons of conflict of interest. Any alternate member appointed shall serve on the particular case until a final decision is made and shall have the same voting rights as a regular member of the board.

(2)

The board of zoning appeals shall have such powers, privileges and rights, and shall be paid the maximum compensation and reimbursement provided in Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended. The board of zoning appeals shall adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter and Act No. 207, as amended, but such rules shall not be inconsistent with the provisions of this chapter or such statute.

(Code 1983, § 60.89; Ord. No. 26-06, § 2, 10-2-06)

Subject to the requirements of section 2-113 of this Code, the board shall meet to consider appeals brought before the board under the provisions of this chapter and the applicable statute. All meetings of the board shall be open to the public.

The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its findings, proceedings at hearings, and other official actions, all of which shall be immediately filed in the office of the city clerk, and shall be a public record. Four members of the board shall constitute a quorum for the conduct of business.

(Code 1983, § 60.90; Ord. No. 06-03, § 1, 4-7-03)

An appeal may be taken to the board by any person, firm or corporation, or by an officer, department, board or bureau aggrieved by a decision of the administrator. Such appeals shall be taken within such time as shall be prescribed by the board of zoning appeals by general rule by filing with the administrator and with the board a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the certifies to the board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, other than by a restraining order, which may be granted by a court of record. Subject to the requirements of section 2-113 of this Code, the board shall set a reasonable time and place for the hearing of the appeal, shall give the required notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(Code 1983, § 60.91; Ord. No. 06-03, § 2, 4-7-03; Ord. No. 26-06, § 3, 10-2-06)

The board as created in this article is a body of limited powers. The board shall have the following specific powers and duties:

(1)

To hear and decide appeals where it is alleged that there is an error of law in any order, requirement, decision or determination made by the administrator in the enforcement of this chapter, and to hear and decide appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter so that the spirit of the chapter shall be observed, public safety secured and substantial justice done.

(2)

In hearing and deciding appeals, the board shall have the authority to grant such variances therefrom as may be in harmony with their general purpose and intent, so that the function of this chapter be observed, public safety and welfare secured, and substantial justice done, including the following:

(a)

Interpret the provisions of the chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map, fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on such map. In the case of any question as to the location of any boundary line between zoning districts, the board shall interpret the zoning map.

(b)

Permit the modification of the off-street automobile parking space or loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements.

(c)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification.

(3)

In consideration of all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation satisfies the following criteria:

(a)

Involves exceptional circumstances not found in other areas of the same zoning district.

(b)

Will not impair an adequate supply of light and air to adjacent property or increase the congestion in public streets.

(c)

No variance, other than use variances, in the application of the provisions of this chapter, shall be made by the board relating to buildings, land or premises now existing or to be constructed unless, after a public hearing, the board shall find the following practical difficulties:

1.

There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or class of use in the same vicinity and district.

2.

Such variance is necessary for the preservation and enjoyment of substantial property rights.

3.

The granting of such variance will not diminish the marketable value of adjacent land and improvements, or unduly increase congestion in the public streets.

4.

The condition or situation of a specific piece of property, or the intended use of said 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.

(d)

A use variance may be allowed by the board only in cases where there is evidence of unnecessary hardship in the official record of the hearing that all of the following conditions are met:

1.

The condition, location or situation of the specific piece of property or of the intended use of the property is unique to that property in the zoning district in which it is located.

2.

The building, structure or land cannot be reasonably used in a manner consistent with the uses allowed in the zoning district in which it is located.

3.

The use variance will not alter the essential character of the neighborhood nor the intent of the city master plan, nor be of detriment to adjacent properties.

4.

The requested use is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation or adding it to the permitted uses in the zoning district in which it is located or to permitted uses in other more appropriate zoning districts.

5.

The variance will not impair the intent and purpose of this chapter.

6.

The immediate unnecessary hardship causing the need for the variance request was not created by the applicant.

(4)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrator in favor of an applicant on any manner upon which it is authorized by this chapter to render a decision, except that a concurring vote of five members of the board shall be necessary to grant a variance concerning land uses permitted in this chapter.

(5)

In exercising such powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrator from whom the appeal is taken.

(6)

If the board fails to make findings of fact as required by this section, the variance shall be null and void and no building or occupancy permit shall be issued.

(Code 1983, § 60.92; Ord. No. 26-06, § 4, 10-2-06)

In case of disaster, the board of appeals may allow temporary occupancy of a mobile home in any residential district for a period not to exceed six months. For any period of 21 days or less, the administrator may issue the permit for temporary occupancy.

(Code 1983, § 60.93)

(1)

The building official shall grant building permits, certificates of occupancy and other related permits. He shall make inspections of buildings or premises necessary for this chapter. The building inspector shall not approve any plans or issue a building permit unless every application for a permit for excavation, construction, moving or alteration or change in type and use or the type of occupancy shall be accompanied by statements and plans of plats drawn to scale, in duplicate, showing the following:

(a)

The actual shape, location and dimension of the lot.

(b)

The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any buildings or other structures already on the lot.

(c)

The existing and intended use of the lot and of all such structures upon it, including, in the residential areas, the number of dwelling units the building is intended to accommodate.

(d)

Such other information necessary for determining if the provisions of this chapter will be met.

(2)

If the provisions of this chapter will be met, the building official shall issue a permit. If any application is not approved, the building official shall state on the application the reason for disapproval. Issuance of a permit shall not waive any provisions of this chapter.

(Code 1983, § 60.94)

(1)

Permits shall be required for the following:

(a)

New construction of building or structure.

(b)

Moving a building.

(c)

Structural alteration or remodeling of an existing building or structure.

(d)

Any item which is regulated by the Michigan Building Code or any state agency.

(e)

Tents exceeding 400 square feet.

(2)

A building permit for residential construction shall become void unless construction commences within 180 days of the issuance of the building permit, and unless construction is completed within 12 months from the date of issuance of the building permit, except as otherwise provided in this section. The building official may extend either of the above time limits for an additional period, provided that the applicant demonstrates that the failure to commence or complete construction within the applicable time from the date of issuance of the building permit was due to special circumstances beyond the applicant's control and that an extension is necessary to complete such construction.

(Code 1983, § 60.95; Ord. No.17-02, § 2, 9-3-02; Ord. No. 21-02, § 2, 11-4-02; Ord. No. 15-16, 11-7-16)

There shall be no use of any land, building or structure for which a building permit is required until the building inspector shall have issued a certificate of occupancy.

(1)

Temporary certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six months, nor more than five days after the building or structure is fully completed and ready for occupancy and, provided further, that such portion of the building or structure is in conformity with the provisions of this chapter and this Code and any other applicable law, rule or regulation has been met.

(2)

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building inspector, and copies of such shall be furnished upon request to any person.

(3)

Certificates for accessory buildings. Certificates of occupancy for principal buildings may include accessory buildings or structures when they are to be constructed at the same time.

(4)

Application for certificates. Certificates of occupancy shall be applied for in writing to the building inspector on forms provided by the building official and shall be issued within five days after the receipt of such application if it is found that the building or structure or part thereof, or the use of land, is in accordance with the provisions of this chapter and this Code and any other applicable law, rule or regulation. If such certificate is denied, the applicant therefor shall be notified of such denial and the reason therefor within the five-day period.

(Code 1983, § 60.96)

Upon completion of the work authorized by a building permit, the building official shall be notified so that a final inspection may be made.

(Code 1983, § 60.97)

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the building inspector in advance of the issuance of such permits or certificates. The amount of such fees shall be established by the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter. Any fees established by resolution of the city council from time to time and on file in city hall shall be paid.

(Code 1983, § 60.98)

USE TABLE