Except where herein otherwise stated, the provisions of this ordinance shall be administered by the zoning administrator or such other official or officials as may be designated by the city council. The zoning administrator shall have the power to:

(1)

Grant certificates of occupancy;

(2)

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance;

(3)

Issue and serve appearance tickets on any person with respect to any violation of this ordinance where there is reasonable cause to believe that the person has committed such an offense; and,

(4)

Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.

(a)

Publication requirement. Except as otherwise provided under the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), if a notice and hearing under the Michigan Zoning Enabling Act is required, notice of the request shall be published in a newspaper of general circulation in Zeeland.

(b)

Requirement for mailing of notices. Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the jurisdiction.

(c)

Notice time and content requirements. The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this section. The notice shall do all of the following:

(1)

Describe the nature of the request.

(2)

Indicate the property that is the subject of the request. The notice shall include a listing 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.

(3)

State when and where the request will be considered.

(4)

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

(d)

Rezoning notices for ten or fewer parcels. If an individual property or ten or fewer adjacent properties are proposed for rezoning, notice of the proposed rezoning shall be given in the same manner as required above.

(e)

Rezoning notices for 11 or more parcels. If 11 or more adjacent properties are proposed for rezoning, a notice of the proposed rezoning shall be given in the same manner as required above, except that no individual addresses of properties are required to be listed.

(f)

Public hearing requirement and notices. Before submitting its recommendations for a proposed zoning ordinance to the legislative body, the planning commission shall hold at least one public hearing. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in Zeeland. In addition, notice of the time and place of the public hearing shall also be given by mail to each electric, gas, and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport that registers its name and mailing address with the city clerk for the purpose of receiving the notice of public hearing. The notices required under this section shall include the places and times at which the proposed text and any maps of the zoning ordinance may be examined.

(g)

City council public hearing and notices. After receiving a proposed zoning ordinance or an amendment, the city council may hold a public hearing if it considers it necessary or as may otherwise be required. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in Zeeland. The city council shall grant a hearing on a proposed ordinance provision to a property owner who requests a hearing by certified mail, addressed to the city clerk.

(h)

Adopted ordinances effective date. Except as otherwise provided under Section 402 of the Michigan Zoning Enabling Act (MCL 125.3402), a zoning ordinance shall take effect upon the expiration of seven days after publication as required by this section or at such later date after publication as may be specified by the city council.

(i)

Notices regarding adopted ordinances. Following adoption of a zoning ordinance and any subsequent amendments by the city council, a notice of ordinance adoption shall be published in a newspaper of general circulation in the local unit of government within 15 days after adoption. A copy of the notice required under Subsection (g) of this section shall be mailed to the airport manager of an airport entitled to a notice under Section 306 of the Michigan Zoning Enabling Act (MCL 125.3306). The notice required under this section shall include, in the case of a newly adopted zoning ordinance, the following statement: A zoning ordinance regulating the development and use of land has been adopted by the legislative body of the City of Zeeland.

(a)

Building permits.

(1)

No building, structure, or commercial sign, or a portion of a building, structure, or commercial sign, shall be erected, altered, moved, or substantially repaired unless a building permit shall have been first issued for such work. A substantial repair shall be a repair for which the value of the materials and/or labor exceeds $500.00, or for which the integrity of the structure may be affected by the repair. In addition, a building permit shall be required in situations as otherwise required by the state construction code. A building permit shall not be required, however, in instances in which a land use permit is required.

(2)

No building permit shall be issued for the erection, alteration, or use of any building or structure or for the use of any land which is not in accordance with all provisions of this ordinance.

(3)

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building or structure shall notify the zoning administrator immediately upon completion of the work authorized by the permit for a final inspection.

(b)

SARB district permit requirements. The following requirements must be met in order to obtain a required building permit for a new facility or for the remodeling or repair of an existing facility if the facility is on property which faces Main Avenue between State Street and Centennial Street, faces Elm Street between Cherry Avenue and Washington Avenue, or faces Church Street between Cherry Avenue and Washington Avenue:

(1)

Design board. The Shopping Area Redevelopment Board (SARB) is hereby designated as being the design review board so as to verify and/or to encourage compliance with the Heritage District Design Approval Guidelines for the City of Zeeland.

(2)

Application. Before the zoning administrator shall issue a building permit for any exterior construction within the C-2 Central Business District, a property owner seeking to obtain a building permit for a retail, commercial or office facility shall first submit an application to have their proposed project reviewed by the SARB. (Property owners seeking a building permit for a single-family dwelling or for an ecclesiastical corporation project shall not be required to comply with this ordinance.) The applicant in filing its application shall submit ten copies of its proposed plans to the zoning administrator. In filing such application, the applicant shall also note any deviations which it believes may be present from the Heritage District guidelines and shall provide information to the SARB as to why it believes such a regulation should not be applicable to it.

(3)

Notice. Five business days notice shall be given to the applicant, to adjacent property owners, and to the SARB as to the date and time of the Heritage District design approval hearing. An adjacent property owner is any property owner which has a building immediately adjacent to the applicant's lot.

(4)

Hearing. Within three weeks of receiving such application, the SARB shall schedule a hearing for the applicant. At the hearing, the applicant, an adjacent property owner, the city, and any other interested person may present information for consideration by the SARB.

(5)

Staff. The zoning administrator shall serve as the staff person coordinating such review process and the zoning administrator's office shall serve the required public hearing notices. The clerk's office shall record minutes for such hearing. The City of Zeeland's downtown coordinator shall also provide such assistance as may be required by the SARB. In the event that the SARB is in need of assistance from an architect, the SARB may contract for an architectural review of a project. The fee for such an architectural review shall be paid for by the City of Zeeland.

(6)

Decisions. The SARB shall make its decision as to whether a project complies with the Heritage District Design Approval Guidelines within three weeks of the public hearing. Following a hearing, the SARB may table the making of a decision for up to three weeks so as to obtain additional information. All decisions of the SARB shall be made by the majority of a quorum. If a member of the SARB is an applicant or has a financial interest in an applicant, then such a member shall be excused as the result of having a conflict of interest.

(7)

Effect. The design review decisions of the SARB shall be binding upon the applicant and upon all other interested parties. The decisions of SARB shall not be appealable to any other party. In the event that an application is found to comply with the Heritage District Design Approval Guidelines, than the SARB shall certify to any participating financial institution that the proposed project is in compliance with the Heritage District Design Approval Guidelines so as to enable the applicant to receive a low interest loan, if the applicant otherwise qualifies for such a loan.

(8)

Loans. It is hereby noted that the SARB, the City of Zeeland, and its agents shall not be liable to repay any loans which are extended to an applicant by any financial institution as the result of a project being reviewed pursuant to the terms of this ordinance.

(9)

Noncompliance. It is hereby acknowledged that a property owner has the right at its sole discretion not to comply with the Heritage District Design Approval Guidelines. By its noncompliance, however, a property owner will be deemed to have waived its right to receive a low interest loan from participating financial institutions which might otherwise have been available as the result of complying with the said guidelines. An applicant intending not to comply, however, with the said guidelines shall still be required to file an application as required by this ordinance and to attend the public hearing before any building permit shall be issued.

(10)

Site plan review. Following the review of the proposed improvement, a hearing for the applicant shall be held before the planning commission or the site plan review committee as required by the zoning ordinance. Nothing in this ordinance shall be deemed to void the requirement of having a site plan review hearing as may be required by the zoning ordinance.

(11)

Conflict. In the event that the planning commission or the site plan review committee requires any change or modification to a plan, such a change or modification shall not affect a prior finding of compliance by the SARB, and a second hearing shall not be required to be held before the SARB as the result of a change or modification which is required following a site plan review hearing.

(c)

Certificate of occupancy.

(1)

No vacant land shall be used and no existing use of land shall be changed to a different class of use unless a certificate of occupancy is first obtained for the new or different use.

(2)

No building or structure which is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Certificates of occupancy, as required by the currently adopted state construction code for the City of Zeeland, shall also constitute certification of compliance with the zoning ordinance.

(4)

A record of all certificates of occupancy issued shall be kept on file in the office of the zoning administrator and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.

(5)

Applications for certificates of occupancy shall be made in writing to the zoning administrator on a form furnished by the City of Zeeland. Certificates shall be issued within ten days after receipt of such application if the building or structure or use of land is in accordance with the provisions of this ordinance and the other applicable ordinances of the City of Zeeland.

(d)

Land use permits.

(1)

A land use permit shall be required and must have first been issued before constructing, erecting, altering, moving, or substantially repairing the following:

a.

One-story detached accessory structures if the floor area does not exceed 200 square feet.

b.

Fences that are not higher than six feet and which are taller than two feet.

c.

Retaining walls which are not more than four feet in height and which are used to stabilize the adjacent grade, and with such height being measured from the bottom of the footing to the top of the wall.

d.

Aboveground water storage tanks which have a capacity of not more than 5,000 gallons but more than 20 gallons.

e.

Parking lots as are defined by the zoning ordinance.

(2)

No land use permit shall be issued for the erection, alteration, or use of any structure or for the use of any land which is not in accordance with all provisions of this ordinance.

(3)

The holder of every land use permit for the construction, erection, alteration, repair, or moving of any structure shall notify the zoning administrator immediately upon completion of the work authorized by the permit for a final inspection.

(e)

Fees for the inspection and issuance of building permits or certificates of occupancy, or copies required or issued under the provisions of this ordinance, may be collected by the city in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.

(a)

Violations.

(1)

Unless otherwise provided in this ordinance, any person, firm, or corporation, or any owner of any building, structure, or premises, or part thereof, where any condition in violation of this ordinance shall exist or shall be created, shall be responsible for a municipal civil infraction. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this ordinance, or any omission or failure to act where the act is required by this ordinance. Upon a finding of responsibility, a defendant shall be responsible for a civil fine for each infraction as provided for in this section, plus any costs, damages, expenses, and other sanctions, as authorized under chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701 et seq.), and other applicable laws.

(2)

For a first offense, a civil fine of not less than $100.00 plus costs shall be levied. The civil fine for any first repeat offense shall be not less than $200.00 plus costs. A civil fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500.00 plus costs. A sanction shall be a civil fine as provided for in this section, plus costs, damages, expenses, and other sanctions, as authorized under chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701 et seq.), and other applicable laws. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:

a.

Committed by a person or entity within any 12-month period; and,

b.

For which the person admits responsibility or is determined to be responsible.

(3)

Each day on which any violation of this ordinance continues shall constitute a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any remedies available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of any section of this ordinance which is declared to be a municipal civil infraction.

(4)

In the event that a person or entity who is found responsible fails to obey any correction order or order of mandamus which may be issued by a court, such person or entity may be required by a court of law to pay all reasonable costs and expenses which are incurred by the City of Zeeland in making the corrective action or actions.

(5)

In the event that a court has authorized the City of Zeeland to make a corrective action and the city in fact takes such action because of the failure of the property owner to take such corrective action, such failure shall be considered a nuisance or a hazard constituting a nuisance. A property owner shall have not less than 30 days to pay and reimburse the City of Zeeland for such costs and expenses. In the event that the City of Zeeland is not paid and reimbursed for such costs and expenses, the city treasurer shall certify such unpaid costs and expenses. The city council shall then certify such unpaid costs and expenses that are delinquent to the assessor who shall then enter the lien for such charges on the city tax roll against the premises for which such costs and expenses were incurred. The unpaid costs and expenses for such corrective action or actions shall then be collected and the lien shall be enforced in the same manner as provided by law for the collection of taxes upon the roll and the enforcement of the lien for the taxes. (It is hereby acknowledged that the charging of such costs is authorized pursuant to Zeeland City Charter Sections 14.22, 14.23, and/or 14.24.)

(6)

A municipal civil infraction violation notice or citation means a written notice prepared by an authorized city official, directing an alleged violator to appear in court, and to pay the fine and costs, if any, prescribed for a violation of this ordinance. The City of Zeeland zoning administrator or a police officer of the City of Zeeland is authorized to write a municipal civil infraction citation and to commence a municipal civil infraction action. In addition, a municipal civil infraction action may be commenced upon the filing of a complaint and warrant as to a violation.

(7)

Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this ordinance and is in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(8)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(b)

Performance guarantees.

(1)

As a condition of approval of a site plan review, special land use, or planned unit development, the planning commission or zoning administrator, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to ensure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

(2)

Performance guarantees shall be processed in the following manner:

a.

Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing of materials and installation of the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.

b.

The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.

c.

Upon receipt of the required performance guarantee, the zoning administrator shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the city.

d.

The zoning administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

e.

When all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

f.

A record of authorized performance guarantees shall be maintained by the zoning administrator.

(a)

The following actions or failures to act, as the case may be, are violations of the Zeeland zoning ordinance:

(1)

Failing to apply for a building permit when a building permit is required;

(2)

Failing to apply for site plan approval when site plan approval is required;

(3)

Failing to apply for a special land use permit when a special land use permit is required;

(4)

Developing a parcel contrary to the terms of an approved or amended site plan;

(5)

Developing or utilizing a parcel contrary to the terms of an approved or amended special land use permit;

(6)

Developing or utilizing a parcel contrary to the terms of any variance which is granted;

(7)

Developing or utilizing a parcel contrary to the zoning ordinance, unless a deviation, exception, or variance has been granted;

(8)

Constructing any structure contrary to the terms of an approved or amended building permit;

(9)

Failing to plant, install, and/or maintain lawn, landscaping, fences, and/or screening as provided on an approved or amended site plan or as required by the zoning ordinance; or,

(10)

Failing to replace lawn, landscaping, fences, and/or screening which has died or which is in need of repair as provided on an approved or amended site plan or as required by the zoning ordinance.

(b)

A violation of any of the above provisions, the commitment of any of the above acts, or the failure to perform any of the above required duties or obligations is a municipal civil infraction, unless such a requirement has been excused or waived as the result of the granting of a deviation, exception, or variance by the zoning administrator, or by a board or commission of the City of Zeeland which has subject matter jurisdiction over such a matter.

(a)

Continuation of present zoning board of appeals. The zoning board of appeals existing at the time of adoption of this ordinance shall perform its duties and exercise its powers as provided in Article VI of the Michigan Zoning Enabling Act (MCL 125.3601 et seq.).

(b)

Composition and terms. The zoning board of appeals shall consist of five members appointed by the city council. Members are appointed for a three-year term.

(c)

Alternate members. Up to two alternate members may be appointed by the city council for three-year terms. If two alternate members have been appointed, they may be called on a rotating basis, as they are available, to sit as regular members of the zoning board of appeals 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. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the zoning board of appeals. An alternate member shall only serve to discuss or vote upon a case in the absence of a regular member or upon the conflict of interest of a regular member.

(d)

Vacancies. Any vacancies in the zoning board of appeals shall be filled by appointment by the council.

(e)

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

(a)

Meetings. All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times as such zoning board of appeals may determine. All hearings conducted by the zoning board of appeals shall be open to the public. The city zoning administrator or his 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 action. Three members of the zoning board of appeals shall constitute a quorum for the conduct of its business. The zoning board of appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(b)

Hearings. The zoning board of appeals shall make no decision regarding a variance except after a public hearing is conducted by the zoning board of appeals. Notification of hearings shall be in accordance with the requirements of the Michigan Zoning Enabling Act.

The zoning board of appeals shall not have the power to make any change in the terms of this ordinance, but does have power to act on those matters where this ordinance provides for an administrative review, interpretation, and to authorize a variance as defined in this section and the laws of the State of Michigan. The zoning board of appeals shall not have the authority to hear appeals from a final decision of the planning commission. The powers of the zoning board of appeals include:

(1)

Hearing of appeals. To 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 any other administrative official in carrying out or enforcing any provisions of this ordinance.

(2)

Granting of variances. A variance may be granted by the zoning board of appeals in accordance with the requirements and procedures of this division.

(3)

Zoning ordinance interpretation. The zoning board of appeals may interpret the provisions of this ordinance to carry out the intent and purposes of the zoning ordinance where the meaning of the provisions is uncertain.

(4)

Variances to special land uses.

a.

If there is undue hardship resulting from strict adherence to the requirements set forth for listed special land uses, and if, where no good purpose is served by strict compliance with said condition, the zoning board of appeals may grant a variance from such requirement.

b.

In making the determination of the granting of the variance, the zoning board of appeals shall first find that the request meets all of the standards noted in Section 2.205(b).

(a)

Procedure. An appeal to the zoning board of appeals may be taken by a person aggrieved or by an officer, department, board, or bureau of this state or the city. In addition, a variance in this ordinance may be applied for and granted under Section 4 of the Uniform Condemnation Procedures Act, Public Act No. 87 of 1980 (MCL 213.54), and as provided under the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). The zoning board of appeals shall state the grounds of any determination made by the board.

(b)

Filing. The party from whom the appeal is taken shall immediately transmit to the zoning board of appeals all the papers constituting the record upon which the action appealed was taken. These papers shall include a completed application form and site plan, including the following:

(1)

Project information.

a.

The applicant's name;

b.

Name of the development;

c.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan;

d.

Date of preparation and any revisions;

e.

North arrow;

f.

Complete and current legal description and size of property in acres; and,

g.

Small scale location sketch of sufficient size and scale.

(2)

Existing features.

a.

Property lines and dimensions;

b.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site;

c.

Lot lines and all structures on the property and within 100 feet of the site's property lines;

d.

Locations of significant natural features;

e.

Location of any access points on both sides of the street within 100 feet of the site along streets where access to the site is proposed; and,

f.

Existing topography at a minimum of five-foot contours.

(3)

Proposed construction.

a.

Building footprints, setbacks, floor plans and elevations showing height and materials for all proposed structures, including any residential units, with the acreage allotted to each use;

b.

Size, height, type and location of proposed identification signs;

c.

Proposed locations of utility services (with sizes), including storm drainage, retention or detention ponds, fire hydrants, and any public or private easements;

d.

Runoff calculations used for determination of stormwater management;

e.

Proposed topography with a site-grading plan with topography at a minimum of two-foot contour intervals;

f.

Location and method of screening for all waste dumpsters;

g.

Location and dimensions of parking spaces, and calculations;

h.

A landscape plan indicating proposed plant locations with common plant name, number, and size at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade;

i.

Details of exterior lighting including locations, height, and method of shielding;

j.

Details of site circulation and access design, including:

1.

Indication of street right-of-way and pavement widths and pavement type;

2.

Street horizontal and vertical dimensions, including curve radii;

3.

Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersecting streets, including those across a street, boulevard dimensions, etc.;

4.

Identification of width and material to be used for pedestrian paths;

5.

Names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian/bicycle paths; and,

6.

Written verification of access easements or agreements, if applicable.

k.

If a phased development is proposed, identification of the areas included in each phase, for residential uses identify the number, type, and density of proposed housing units within each phase; and,

l.

A completed application form, supplied by the zoning administrator, and an application fee.

(c)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the officer or body from whom the appeal is taken certifies to the zoning board of appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the opinion of the officer or body, 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 or notice to the officer or body from whom the appeal is taken and due cause shown.

(d)

Decisions. The zoning board of appeals shall take testimony and receive evidence at a public hearing, and, at its discretion, it may continue and/or adjourn a hearing to an additional hearing date. The zoning board of appeals shall render its decision upon any appeal or application submitted to it within a time as may be reasonably established by the zoning board of appeals. In any event, the zoning board of appeals shall make its decision within 90 days after the final date of its public hearing on an appeal; or upon failure to do so, such appeal or application shall thereupon be deemed to be decided adversely to the appellant or applicant in the same manner as though the zoning board of appeals had rendered its decision to that effect. All decisions of the zoning board of appeals shall become final five days after the date of entry of an order, unless the zoning board of appeals shall find, and so certify on the record, that it is necessary to cause such order to have immediate effect, in order to preserve property or personal rights.

(e)

Record of actions. For each decision of the zoning board of appeals, a record shall be prepared. Such record shall include, at a minimum, the following items:

(1)

Description of the applicant's request;

(2)

The zoning board of appeals' motion and vote;

(3)

A summary or transcription of all competent material and evidence presented at hearing; and,

(4)

Any conditions attached to an affirmative decision.

(f)

Appeals to circuit court. The decision of the zoning board of appeals shall be final. However, a person having an interest affected by the decision of the zoning board of appeals may appeal to the circuit court. Upon appeal, the circuit court shall review the record in accordance with the requirements of the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). The court may affirm, reverse, or modify the decision of the zoning board of appeals, or may remand the decision to the zoning board of appeals for further hearings or action.

(g)

Resubmission. No variance request which has been decided by the zoning board of appeals shall be submitted for reconsideration within a one-year period from the date of the original application unless the zoning board of appeals finds that at least one of the following conditions exist:

(1)

That the conditions involving all of the reasons for the original denial have been significantly altered; or,

(2)

That new conditions or circumstances exist which change the nature of the original request.

(a)

The zoning board of appeals may impose reasonable conditions in conjunction with approval of an appeal, variance, or any other decision which they are required to make.

(b)

Conditions shall be imposed in a manner in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) and related to the standards by which the decision is reached.

(a)

Authority for variances. The zoning board of appeals, after public hearing, shall have the power to grant requests for variances from the provisions of this ordinance where it is proved by the applicant that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the ordinance relating to the construction, equipment, or alteration of buildings or structures so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done.

(b)

Granting of nonuse variances. A nonuse variance may be allowed by the zoning board of appeals only in cases where there is reasonable evidence of unnecessary hardship in the official record of the hearing that all of the following conditions are met:

(1)

That there are exceptional or extraordinary circumstances or conditions that apply to the property in question, which include these three items:

a.

Circumstances and conditions that do not generally apply to other properties in the same zoning district;

b.

Such circumstances or conditions, being, therefore, truly unique and, thus, not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or circumstances; and,

c.

Such circumstances, that if the ordinance were enforced, would cause a practical difficulty for the applicant. Unique circumstances or conditions affecting a parcel, property, and/or land must be found to exist in a least one of the following three ways:

1.

Having an unusual shape or location or other physical characteristic, like extreme narrowness, exceptional shallowness, unusual shape, and/or unusual topographical characteristics (like a wetland, large boulder, or deep ravine);

2.

Having an extraordinary situation related to the land, building, or structure; or,

3.

Having unusual use or development of immediately adjoining property.

(2)

That if a variance is not granted, the applicant will be unable to enjoy substantial property rights and privileges similar to those possessed by others in the same zoning district and vicinity.

(3)

That the possibility of increased financial return is not the primary reason for this variance request.

(4)

That the variance would not be significantly detrimental to the property adjacent to that in question and to the surrounding neighborhood.

(5)

That the variance would not harm the intent and purpose of this ordinance.

(6)

That the immediate practical difficulty has not been caused by anything the applicant has done.

(c)

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

(1)

That the building, structure, or land cannot yield a reasonable return if required to be used for a use permitted in the district in which it is located.

(2)

That the condition or situation of the specific property or the intended use of such property for which the variance is sought is unique—that is, not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations. Unique circumstances must be found to exist in a least one of the following ways:

a.

Having an unusual shape or location or other physical characteristic, like extreme narrowness, exceptional shallowness, unusual shape, and/or unusual topographical characteristics (like a wetland, large boulder, or deep ravine);

b.

Having an extraordinary situation related to the land, building, or structure; or,

c.

Having unusual use or development of immediately adjoining property.

(3)

That the proposed use will not alter the essential character of the neighborhood.

(4)

That the variance would not be significantly detrimental to the property adjacent to that in question and to the surrounding neighborhood.

(5)

That the proposed variance will not harm the intent and purpose of this ordinance.

Prior to a zoning board of appeals hearing on a request for a use variance, the planning commission shall consider such request and forward a report to the zoning board of appeals. For this report the planning commission shall consider the master plan, the ability of the property owner to use the property for a use already permitted under the existing zoning classification, the effect of the request on the essential character of the neighborhood, and other such factors as the planning commission may deem relevant.

(d)

Period of validity. No variance granted by the zoning board of appeals shall be valid for a period longer than one year from the date of its issuance. However, the applicant may request up to one 12-month extension of said variance from the zoning board of appeals. The zoning board of appeals may grant such extension provided that the original circumstances authorizing the variance have not changed.

The city council may prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. The fee shall be paid to the city treasurer at the time the application for the appeal or variance is filed.