[1]
Editor's Note: Ordinance No. 1268, adopted 9-11-2006, amended
the title of Div. 3 to read as herein set out. Prior to inclusion
of said ordinance, Div. 3 was entitled, "Board of Zoning Appeals."
[Code 1975, § 39-115; Code 1992, § 32-506; 9-11-2006 by Ord. No. 1268]
The City Council shall appoint a Zoning Board of Appeals, sometimes
referred to as "the Board," which Board shall have the powers and
duties prescribed by law and by this Code.
[Code 1975, § 39-116; Code 1992, § 32-507; 9-11-2006 by Ord. No. 1268; 5-24-2010 by Ord. No. 1311]
(a)
The Zoning Board of Appeals shall consist of five members and two
alternates. One of the members shall be a member of the Planning Commission.
The remaining members shall be electors residing within the City and
shall be representative of the population distribution and the various
interests within the City.
(b)
The terms of office for members appointed to the Zoning Board of
Appeals shall be for three years, except the term of the member from
the Planning Commission shall be limited to the time they serve as
a member of the Planning Commission. In any case, members shall serve
until a successor is appointed.
(c)
A successor shall be appointed not more than one month after expiration
of the term of the preceding member. Vacancies for unexpired terms
shall be filled for the remainder of the term.
(d)
A member of the Zoning Board of Appeals may be removed by the City
Council for misfeasance, malfeasances, or nonfeasance in office upon
written charges and after public hearing. 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.
(e)
At a meeting held within 30 days after July 1 each year, the Board
shall elect one of its members Chairperson and one Vice Chairperson
and shall select and appoint a Secretary.
(f)
All meetings, transactions and records of the action of the Board
shall be open to the public. The Board shall adopt rules and regulations
for the transaction of business.
[Code 1975, § 39-117; Code 1992, § 32-508; 9-11-2006 by Ord. No. 1268; 5-24-2010 by Ord. No. 1311]
(a)
The Zoning Board of Appeals shall hear and decide appeals from and
review any order, requirement, decision or determination made by an
administrative official charged with the enforcement of this chapter.
It shall also hear and decide all matters referred to it or upon which
it is required to pass under any City ordinance adopted pursuant to
Public Act No. 110 of 2006 (MCL 125.3201 et seq.). The concurring
vote of a majority of the members of the members of the Board shall
be necessary to reverse any order, requirement, decision or determination
of any such administrative official or to decide in favor of the applicant
any matter upon which it is required to pass under any such ordinance
or to effect any variation in such ordinance. Such appeal may be taken
by any person aggrieved or by any officer, department, board or bureau
of the City. Such appeal shall be taken within such time as shall
be prescribed by the Board by general rule, by the filing with the
officer from whom the appeal is taken and with the Board a notice
of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
(b)
The Board shall also hear appeals filed with it by the owner of any
real property in an area for which the City Council has adopted an
urban renewal development plan. The Board may approve a minor deviation
in the urban renewal development plan for the area in any case in
which such Board finds, upon evidence presented to it, that the application
of the plan results in unnecessary hardship or practical difficulties
and a minor deviation from the development plan is required by consideration
of justice and equity, consistent with Section 10 of Public Act No.
344 of 1945 (MCL 125.80).
(c)
An appeal stays all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to
the Board, after the notice of appeal shall have been filed with him
of her, that by reason of fact stated in the certificate a stay would,
in his or her opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board or by the circuit court, on
application, on notice to the officer from whom the appeal is taken
and on due cause shown.
[Code 1975, § 39-118; Code 1992, § 32-509; 8-13-2001 by Ord. No. 1188; 9-11-2006 by Ord. No. 1268]
(a)
Unless otherwise provided in this chapter, notice of public hearing
shall be provided in accordance with Section 103 of Public Act 110
of 2006 (MCL 125.3103 et seq.):
(1)
Notice of hearing shall be published not less than 15 days before
the date the application will be considered in a newspaper of general
circulation within the City limits; and
(2)
Notice shall be sent by mail to the property owners of the application
and notice shall also be provided to all property owners and occupants
of all structures within 300 feet of the property.
Upon the hearing, any party may appear in person or by agent
or by attorney. The Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination as
in its opinion ought to be made in the premises and to that end shall
have all the powers of the officer from whom the appeal is taken.
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this chapter, the Board
shall have power in passing upon appeals to vary or modify any of
its rules, regulations or provisions relating to the construction,
structural changes in, equipment or alteration of buildings or structures,
including yard, lot area, lot width, lot coverage, open space and
height regulations or the use of land, buildings or structures, so
that substantial justice is done.
(b)
Before taking any action on an appeal filed with the Board by the
owner of any real property in an area for which the City Council has
adopted an urban renewal development plan, the Board shall hold a
public hearing thereon, at least 10 days' notice of the time and place
of which shall be given by public notice in a newspaper published
or circulated generally in the City and by notice to all property
owners within 300 feet of the property in question, such notice to
be by mail addressed to the respective owners at the addresses given
in the last assessment roll, consistent with Section 10 of Public
Act No. 344 of 1945 (MCL 125.80).
[Code 1975, § 39-119; Code 1992, § 32-510; 9-11-2006 by Ord. No. 1268]
The Zoning Board of Appeals shall interpret the words, terms,
rules, regulations, provisions and restrictions of this chapter, where
there is doubt as to the meaning thereof, and shall determine the
location of boundaries of districts where uncertainty exists after
the rules for determining such boundaries have been applied. Where
this chapter provides that uses similar to those specifically permitted
may be permitted in certain districts and that objectionable uses
are prohibited, the Board shall determine whether or not questionable
uses are similar or are objectionable, as the case may be, in specific
instances.
[Code 1975, § 39-120; Code 1992, § 32-511; 9-11-2006 by Ord. No. 1268]
(a)
The Zoning Board of Appeals may impose, in connection with any action
on any appeal or variance or the approval of any permit, conditions
which may include time limits within which a permit acted upon shall
be valid or a use shall be conducted and which may establish the following
similar requirements for bringing the proposed use into conformity
with the character of the district and adjoining properties; for protecting
the public health, safety, convenience and welfare; or for preventing
traffic congestion:
(1)
Specific yard, area, open space and height regulations that
shall supersede such regulations in this chapter as would otherwise
apply.
(2)
Provision of off-street parking space and spaces or easements
for protective planting screens, necessary facilities, and service
supplemental to the principal or accessory use of the premises with
approval of the Planning Commission and City Council.
(3)
Limitation of use and specification of manner of maintaining
and conducting such use.
(4)
Structural requirements.
(5)
Dedication to the City of areas required for any public purposes.
(6)
The Zoning Board of Appeals shall have the power to permit the
erection and use of a building or an addition to an existing building
of a public service corporation or for public utility purposes in
any permitted district to a greater height or of larger area than
the district requirements established and permit the location in any
use district of a public utility building, structure or use if the
Board shall find such use, height, area, or building or structure
reasonably necessary for the public welfare or public convenience
and service.
(b)
The Board may require a written agreement, bond, or other assurance
of faithful performance of any such conditions, the violation of which
shall invalidate the permit and shall be subject to the penalties
prescribed for a violation of this chapter.
[Code 1975, § 39-121; Code 1992, § 32-512; 9-11-2006 by Ord. No. 1268; 5-24-2010 by Ord. No. 1311]
The concurring vote of a majority of the members of the Zoning
Board of Appeals shall be necessary to reverse any order, requirement,
decision, or determination of the Chief Inspector or to decide in
favor of the applicant on any variance or to approve the issuance
of any permit, and before any such action is taken the Board shall
hold a hearing as provided in this division.
[Code 1975, § 39-122; Code 1992, § 32-513; 10-10-2005 by Ord. No. 1253; 9-11-2006 by Ord. No. 1268]
The Zoning Board of Appeals shall decide on any matter within
30 days after the date of the hearing thereon. A decision in favor
of the applicant shall be approval or conditional approval of the
matter applied for and shall be an order to the Chief Inspector to
carry out such action, subject to any such conditions. The decision
of the Board shall not become final until the expiration of five days
from the date of entry of such order unless the Board shall find the
immediate effect of such order is necessary for the preservation of
property or personal rights and shall so certify on the record. All
variances granted through the Zoning Board of Appeals shall be valid
for six months from the date of final approval and may be transferred
with the ownership of the property. Validation requires the action
taken, permit obtained and/or other process underway.
[Code 1975, § 39-123; Code 1992, § 32-514; 10-10-2005 by Ord. No. 1253; 9-11-2006 by Ord. No. 1268]
The Zoning Board of Appeals, in exercising its powers and authority,
as provided by law and by this chapter, shall make decisions pertaining
to specific applications only, except in exercising its power of interpretation,
and shall not have the power or authority to change any boundary line
of any district or to change any rule, regulation, provision or restriction
in this chapter. In exercising its power of interpretation of any
word, term, rule, regulation, provision or restriction and of determination
of the location of the boundary of any district, the Board may act
upon application, upon written request by the City Council or the
Planning Commission. The Zoning Board of Appeals shall be prohibited
from granting use variances. They may grant dimensional variances,
including, but not limited to, setbacks, height, and lot coverage.
[Code 1975, § 39-124; Code 1992, § 32-515; 5-27-2003 by Ord. No. 1211; 9-11-2006 by Ord. No. 1268]
The fee for an application and/or appeal to the Zoning Board
of Appeals shall be adopted by resolution of the City Council and
amended, as necessary, by resolution of the City Council.
