[Amended 10-3-2017]
There is hereby established a Board of Appeals, the membership,
powers and duties of which are described in Public Act No. 110 of
2006 (MCL § 125.3101 et seq.), as amended. The Board of
Appeals shall perform its duties and exercise its powers as provided
in the above Act in such a way that the objectives of this ordinance
shall be observed, the public health, safety and welfare assured and
justice served.
[Amended 10-3-2017]
The City of Ithaca Zoning Board of Appeals shall consist of
three regular and two alternate members:
(a)
The first member of the Board of Appeals shall be a member of
the Planning Commission as appointed by majority vote of the members
of the City Council then serving.
(b)
The second member of the Board of Appeals shall be a member
of the City Council as appointed by majority vote of the members of
the City Council then serving.
(c)
The remaining regular member of the Board of Appeals shall be
appointed by majority vote of the members of the City Council then
serving from among the electors residing in the incorporated area
of the City.
(d)
The City Council may appoint not more than two alternate members
to the Board. The alternate members shall have the same term as regular
members of the Board and be subject to the same qualifications and
other provisions contained in this article applicable to regular members
of the Board.
(e)
When regular and alternate members are first appointed, appointments
may be for less than three years to provide for staggered terms. A
successor shall be appointed not more than one month after the term
of the preceding member has expired.
(f)
The Chair, or the Vice Chair of the Board in the absence of
the Chair, may call upon either of the alternate members as needed
to sit as a regular member of the Board in the absence of a regular
member if a regular member is absent from or unable to attend two
or more consecutive meetings of the Board or for a period of more
than 30 consecutive days, or where the regular member has abstained
for reasons of conflict of interest.
(g)
Once appointed to hear a case, an alternate member shall serve
in the case until a final decision has been made and shall have the
same voting rights as a regular member of the Board.
(h)
A member of the Zoning Board of Appeals who is also a member
of the Planning Commission or the City Council shall not participate
in a public hearing on or vote on the same matter that the member
voted on as a member of the Planning Commission or the City Council.
However, the member may consider and vote on other unrelated matters
involving the same property.
[Amended 10-3-2017]
The total amount allowed the Board of Appeals in one year as
per diem or as expenses actually incurred in the discharge of its
duties shall not exceed a reasonable sum, which sum shall be appropriated
annually in advance by the City Council.
[Amended 10-3-2017]
Terms shall be for three years, except for members serving because
of their membership on the Planning Commission or City Council, whose
terms shall be limited to the time they are members of the Planning
Commission or City Council, respectively, and the period stated in
the resolution appointing them. A successor shall be appointed not
more than one month after the term of the preceding member has expired.
All vacancies for unexpired terms shall be filled for the remainder
of the term. Members of the Board of Appeals may be removed by the
City Council for nonperformance of duty or misconduct in office, upon
written charges and after a public hearing. A member shall disqualify
himself from any vote in which he has a conflict of interest. Failure
to do so shall constitute misconduct in office. 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. 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.
[Amended 10-3-2017]
The Board may employ such clerical or other assistance as may
be necessary, provided that it shall not at any time incur any expense
beyond the amount of the appropriation made and then available for
that purpose.
[Amended 10-3-2017]
The Board of Appeals shall hear and decide all matters properly
referred to the Board, or upon which the Board is required to act,
under any ordinance adopted pursuant to Public Act No. 110 of 2006
(MCL § 125.3101 et seq.), as amended.
[Amended 10-3-2017]
The concurring vote of a majority of the members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision
or determination of any administrative official, or to decide in favor
of the appellant on any matter upon which they are required to pass
under this ordinance, or to effect any variation in this ordinance.
If a member of the Board is absent, the appellant shall be given the
option of postponing the hearing until a full Board is present.
[Amended 10-3-2017]
The Board of Appeals shall not conduct business unless a majority
of regular members are present. A meeting of the Board of Appeals
shall be held at the call of the Chairperson, and at other such times
and places as the Board of Appeals may determine. All meetings shall
be open to the public. The Board of Appeals shall keep minutes of
all its proceedings 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.
The Board of Appeals shall adopt its own rules of procedure for meetings.
[Amended 10-3-2017]
The Board of Appeals shall, when called upon, act upon all questions
as they arise in the administration of this ordinance, including interpretation
of the City of Ithaca Zoning Map. Such an appeal may be taken by any
person aggrieved, or by an officer, department, board or bureau of
the county or state. It shall hear and decide appeals from and review
any order, requirements, decisions or determination made by the administrative
official and/or Planning Commission charged with enforcement of any
ordinance adopted pursuant to the provisions of Public Act No. 110
of 2006 (MCL § 125.3101 et seq.), as amended.
31.09:1.
Grounds for appeal. The grounds for any such determination shall
be stated in the records of the Board's proceedings.
31.09:2.
Time of appeals. An appeal shall be taken within such time as shall
be prescribed by the Board of Appeals by general rule, by filing with
the Zoning Administrator and with the Board of Appeals a notice of
appeals specifying the grounds thereof. The Zoning Administrator 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.
31.09:3.
Stays. An appeal shall stay all proceedings in furtherance of the
action appealed from, unless the Zoning Administrator certifies to
the Board of Appeals, after the notice of appeal shall have been filed
with the Zoning Administrator, that, by reason of facts stated in
the certificate, a stay would cause imminent peril of life or property,
in which case the proceedings shall not be stayed otherwise than by
a restraining order, which may be granted by the Board of Appeals
or by the Circuit Court on application, on notice to the Zoning Administrator
and on due cause shown.
31.09:4.
Time; notices; appearance. Upon the filing of any appeal or other
matter for which the Board has jurisdiction, the Board shall hold
a public hearing on such matters as required by Section 604 of Public
Act No. 110 of 2006 (MCL § 125.3604).
[Amended 10-3-2017]
In deciding upon matters referred to it, or upon which it is
required to act under this ordinance, the Board of Appeals, after
public notice (which shall be posted at the City Administration Building
and with the City Clerk) and hearing, shall take into consideration
the public health, safety and general welfare and apply appropriate
conditions and safeguards in conformity with the general purpose and
intent of this ordinance. The Board of Appeals may revise or affirm,
wholly or in part, or may modify the order, requirement, decision
or determination as, in its opinion, ought to be made in a particular
case, and to that end shall have all the powers of the Zoning Administrator
from whom the appeal is taken and may issue, or direct the issuance
of, a permit.
[Amended 10-3-2017]
31.11:1.
Where there are practical difficulties or unnecessary hardships deterring
the carrying out of strict interpretation of this ordinance, the Board
of Appeals shall have the power, in passing on appeals, to vary or
modify any of the rules, regulations or provisions of this ordinance,
by granting variances, provided that any variation granted from this
ordinance
(a)
Will not be contrary to public interest.
(b)
Will not permit the establishment within a district of any use
which is not permitted by right within that district.
(c)
Will not cause a substantially adverse effect upon property
values.
(d)
Will relate only to the property under the control of the appellant.
(e)
Will not jeopardize the preservation of a substantial right,
so that the spirit of this ordinance shall be observed, public safety
secured and substantial justice done.
(f)
Will not adversely affect the intent of this ordinance.
(g)
Will not impair the adequate supply of air and light to any
adjacent property.
(h)
Will not increase the hazards from fire, flood or other natural
or man-made dangers.
(i)
Will not increase traffic congestion.
(j)
Will not produce nuisance conditions to occupants of nearby
premises, whether by reason of dust, noise, fumes, odors, vibration,
smoke or excessive light.
(k)
Will not otherwise impair the public health, safety and general
welfare of the residents of the City of Ithaca.
(l)
Will not set a precedent that would be contrary to this ordinance.'
31.11:2.
The Board of Appeals, in hearing and deciding appeals, shall have
the authority to grant nonuse variances relating to the construction,
structural changes, or alterations of buildings or structures related
to dimensional requirements of the Zoning Ordinance or to any other
non-use-related standard in the ordinance. The Board may:
(a)
Permit the erection and use of a building or an addition to
an existing building, or a public service corporation or for public
utility purposes, in any zoning district to a greater height or of
a larger area than the district requirements herein established.
(b)
Permit the modification of the off-street motor vehicle parking
space and loading space requirements where, in the particular instance,
such modification will not be inconsistent with the purpose and intent
of such requirements, after recommendation from the Planning Commission.
(c)
Permit such modification of the height, lot area, yard setback,
floor area and lot width regulations as may be necessary to secure
an appropriate improvement of a lot which is of such shape and size,
or so located with relation to surrounding development or other physical
characteristics, that it cannot otherwise be appropriately improved
without modification, provided that the modification of lot area regulations
shall be permitted only in instances where the nature of the soils
and drainage is such that there is sufficient area for safe water
supply and sanitary disposal of waste.
(d)
Permit the modification of site plan review standards, as may
be established in this ordinance, where physical hardship and unusual
circumstances peculiar to the property in question exist.
31.11:3.
The Board of Appeals shall not have the authority to grant variances
from the uses of land.
[Amended 10-3-2017]
No order of the Board of Appeals permitting the erection of
a building shall be valid for a period longer than one year, unless
a building permit for such erection or alteration is obtained within
the one-year period and the erection or alteration is started and
proceeds to completion in accordance with the terms of the permit.
No order of the Board of Appeals permitting a requested use of a building
or premises shall be valid for a period longer than one year unless
the use is established within the one-year period; provided, however,
that the order of the Board of Appeals shall continue in force and
effect, and a permit for the erection or alteration has been obtained
(if erection or alteration is necessary), and the work is started
and proceeds to completion in accordance with the permit.
[Amended 10-3-2017]
The decision of the Zoning Board of Appeals shall be final.
However, a party aggrieved by a decision of the Zoning Board of Appeals
may appeal to the Circuit Court for the county in which the property
is located. The Circuit Court shall review the record and decision
to ensure that the decision meets all of the following requirements:
[Amended 10-3-2017]
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
for appeal is filed, said fee shall be paid to the City Clerk to be
credited to the General Revenue Fund.
