There is hereby established a Zoning Board of Appeals (ZBA) which shall perform its duties and exercise its powers as provided in Article VI of Act 110, being the Uniform Zoning Act of 2006,[1] and in such a way that the objectives of this chapter
shall be observed, public safety secured, and substantial justice
done. The ZBA shall consist of the members of the Roseville City Council.
The City Council, sitting as the ZBA, shall annually select its own
chair, vice chair, and secretary.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
All meetings of the ZBA shall be held at the call of the chair
and at such times as the Board may determine. The business, which
the Board may perform, shall be conducted at a public meeting held
in compliance with Act 110; public notice of the time, date, and place
of the meeting shall be given in the manner required by said Act.
The Board 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. Four members of the Board shall constitute
a quorum for the conduct of its business. The ZBA 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.
An appeal may be taken to the ZBA by any person, firm or corporation,
or by any officer, department, board or bureau affected by a decision
of the Building Department or the Planning Commission. A request to
be heard by the Board of Appeals shall be filed within 21 days from
the date of the event for which the appeal is being taken. The appeal
shall be filed with the Building Director and with the ZBA. A notice
of appeal shall specify the reason or grounds for the appeal. The
Building Director 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 Zoning Administrator certifies
to the ZBA, after 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, otherwise than by a restraining order, which
may be granted by a court of record. The ZBA shall select a reasonable
time and place for the hearing of the appeal and shall give due 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 a duly authorized agent or attorney.
The City Council may, from time to time, prescribe and amend,
by resolution, a reasonable schedule of fees to be charged to applicants
for appeals to the Zoning Board of Appeals. At the time the notice
of appeal is filed, said fee shall be paid to the secretary of the
ZBA, which the secretary shall forthwith pay over to the City Treasurer
to the credit of the general revenue fund of the City of Roseville.
A.
The Zoning Board of Appeals shall not have the power to alter or
change the zoning district classification of any property or to permit
a use not otherwise permitted in the district, nor to make any change
in the terms of this chapter, but does have power to act on those
matters where this chapter provides for an administrative review,
interpretation, exception or special approval permit and to authorize
a variance as defined in this section and laws of the State of Michigan.
Said power includes:
(1)
Administrative review. 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 Building Director or any other
administrative official in carrying out or enforcing any provisions
of this chapter.
(2)
Variance. To authorize, upon an appeal, a variance from the
strict application of the provisions of this chapter where, by reason
of exceptional narrowness, shallowness, shape or area of a specific
piece of property at the time of enactment of this chapter or by reason
of exceptional topographic conditions or other extraordinary or exceptional
conditions of such property, the strict application of the regulations
enacted would result in peculiar or exceptional practical difficulties
to, or exceptional undue hardship upon, the owner of such property,
provided such relief may be granted without substantial detriment
to the public good and without substantially impairing the intent
and purpose of this chapter. In granting a variance, the ZBA may attach
thereto such conditions regarding the location, character and other
features of the proposed uses as it may deem reasonable in furtherance
of the purpose of this chapter. In granting a variance, the Board
shall state the grounds upon which it justifies the granting of a
variance.
(3)
Exceptions and special approvals. To hear and decide, in accordance
with the provisions of this chapter, requests for exceptions, for
interpretations of the Zoning Map, and for decisions on special approval
situations on which this chapter specifically authorizes the Board
to pass. Any exception or special approval shall be subject to such
conditions as the Board may require to preserve and promote the character
of the zone district in question and otherwise promote the purpose
of this chapter, including the following:
(a)
Interpret the provisions of this 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 the map aforesaid.
(b)
Permit the erection and use of a building or use of premises
for public utility purposes, upon recommendation of the Planning Commission.
(c)
Permit the modification of the automobile parking space or loading
space requirements where, in the particular instance, such modification
will not be inconsistent with the purpose and intent of such requirements.
(d)
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.
B.
In consideration of all appeals and all proposed variations to this
chapter, the Board shall, before making any variations from this chapter
in a specific case, first determine that the proposed variation will
not impair an adequate supply of light and air to adjacent property,
or unreasonably increase the congestion in public streets, or increase
the danger of fire or endanger the public safety, or unreasonably
diminish or impair established property values within the surrounding
area, or in any other respect impair the public health, safety, comfort,
morals or welfare of the inhabitants of the City of Roseville. The
concurring vote of five members of the Board shall be necessary to
reverse any order, requirements, decision or determination of a Building
Director, or to decide in favor of the applicant any matter upon which
it is authorized by this chapter to render a decision. Nothing herein
contained shall be construed to give or grant to the Board the power
or authority to alter or change this chapter or the Zoning Map, such
power and authority being reserved for the City Council of the City
of Roseville in the manner provided by law.
In exercising the above powers, the Zoning Board of Appeals
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 Building Director
from whom the-appeal is taken.
The ZBA shall make no recommendation except in a specific case
and after a public hearing conducted by the Board. It shall, either
by general rule or in specific cases, determine the interested parties
who, in the opinion of the Board, may be affected by any matter brought
before it, which, in all cases, shall include those persons to whom
any real property within 300 feet of the premises in question shall
be assessed, according to the latest assessment roll of the City of
Roseville, and to the occupants of all single- and two-family dwellings
within 300 feet of said premises in question. Such notice may be delivered
either personally or by mail, addressed to said respective owners
as disclosed by the assessment roll and to the tenants at the address
given for the property in the last assessment roll. If the tenant's
name is not known, the term "occupant" may be used. The Board may
require any party applying to the Board for relief to give such notice
to other interested parties as the Board shall describe.
A.
No order to the Zoning Board of Appeals permitting the erection of
a building shall be valid for a period longer than 12 months, unless
a building permit for such erection or alteration is obtained within
such period and such erection or alteration is started and proceeds
to completion in accordance with the terms of such permit.
B.
No order of the Zoning Board of Appeals permitting a use of a building
or premises shall be valid for a period longer than 12 months unless
such use is established within such period; provided, however, that
where such use permitted is dependent upon the erection or alteration
of a building, such order shall continue in force and effect if a
building permit for said erection or alteration is obtained within
such period and such erection or alteration is started and proceeds
to completion in accordance with the terms of such permit.
C.
The reason(s) utilized as a basis for making any decision shall be
stated in the minutes of the ZBA. If a variance, which is granted,
is not utilized within 12 months of its granting, the variance shall
be considered null and void and an application must be filed again
if it is desired at a future date. A variance, which is legally utilized
and maintained, shall run with the property, and any subsequent owners
may legally continue the variance under its original or amended terms.
D.
The ZBA may require such conditions and the posting of necessary
bonds or other financial guarantees acceptable to the City Council
to control compliance with specified conditions.
