Zoning Board of Appeals

DIVISION 3. - BOARD OF APPEALS

Sec. 36-81. - Membership generally.

There is established a zoning board of appeals which shall perform its duties and exercise its powers as provided in section 5 of Public Act No. 207 of 1921 (MCL 125.585), and in such a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done. The zoning board of appeals shall consist of seven members, all appointed by the city council. Each member of the zoning board of appeals shall hold office for a three-year term. Two members of the zoning board of appeals shall be appointed, one each from the membership of the city council and the planning commission. The council member so appointed shall not be a member of the planning commission. Each member of the zoning board of appeals shall have been a resident of the city for at least one year prior to the date of his appointment and shall be a qualified and registered elector of the city on such date and throughout his term of office. Appointed members may be removed for cause by the city council only after consideration of written charges and a public hearing. Any appointive vacancies in the zoning board of appeals shall be filled by the city council for the remainder of the unexpired term. The zoning board of appeals shall annually elect its own chair, vice-chair and secretary. The compensation of the appointed members of the zoning board of appeals shall be fixed by the city council.

(Code 1979, § 17.56.010)

Sec. 36-82. - Meetings.

All meetings of the board of appeals shall be held at the call of the chair and at such times as such board may determine. All hearings conducted by the board of appeals shall be open to the public. The board of appeals 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 voting members of the board of appeals shall constitute a quorum for the conduct of its business. The 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.

(Code 1979, § 17.56.020)

Sec. 36-83. - Powers and duties.

(a) The board of appeals shall have the powers set forth in sections 36-85 through 36-87, and it shall be its duty:

     (1) To hear and decide on all matters referred to it upon which it is required to pass under this chapter;

     (2) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made  by the building inspector in the enforcement of this chapter.

(b) Nothing contained in this chapter shall be construed to give or grant to the board of appeals the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the city council in the manner hereinafter provided by law.

(Code 1979, § 17.56.030)

Sec. 36-84. - Appeal procedure.

(a) An appeal may be taken to the board of appeals by any person, firm or corporation, or any officer, department, board or bureau affected by a decision of the building inspector. Such appeal shall be taken within such time as shall be prescribed by the board of appeals, by general rule, by filing with the building inspector and with the board of appeals a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board of appeals all of the papers constituting the record upon which the action appealed from was taken.

(b) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of appeals 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, otherwise than by a restraining order, which may be granted by the board of appeals or by a court of record on application, on notice to the building inspector, and on due course shown.

(c) The board shall select a reasonable time and place for the hearing of the appeal and 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 duly authorized agent or attorney.

(d) A fee as currently established or as hereafter adopted by resolution of the city council from time to time shall be paid to the secretary of the board of appeals at the time that notice of appeal is filed, which the secretary shall forthwith pay over to the city treasurer to the credit of the general fund of the city.

(Code 1979, § 17.56.040)

Sec. 36-85. - Authority for appeal regarding variance.

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

(1) 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 a part of the ordinance codified in this chapter, where street layout actually on the ground varies from the street layout as shown on the map;

(2) Permit the reaction and use of a building or use of premises in any use district for the public utility purposes;

(3) 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;

(4) 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;

(5) Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the city and for periods not to exceed six months in developed sections.

(Code 1979, § 17.56.050)

Sec. 36-86. - Special conditions regarding appeal for variance.

Where, owing to special conditions, a literal enforcement of the provisions of this chapter would involve practical difficulties or cause unnecessary hardships, within the meaning of this chapter, the board of appeals shall have power upon appeal in specific cases to authorize such variation or modification of the provisions of this chapter with such conditions and safeguards as it may determine, as may be in harmony with the spirit of this chapter and so that public safety and welfare is secured and substantial justice done. No such variance or modification of the provisions of this chapter shall be granted unless it appears beyond a reasonable doubt that all the following facts and conditions exist:

(1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone;

(2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity;

(3) That the granting of such variance or modification will not be materially detrimental to the public welfare, or materially injurious to the property or improvements in such zone or district in which the property is located;

(4) That the granting of such variance will not adversely affect the purposes or objectives of the future land use plan of the city.

(Code 1979, § 17.56.060)

Sec. 36-87. - Restrictions regarding appeal for variance.

In consideration of all appeals and all proposed variations to this chapter, the board of appeals 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. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirements, decision, or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision, except that a concurring vote of five members of the board of appeals is necessary to grant a variance for uses of land permitted in this chapter.

(Code 1979, § 17.56.070)