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ARTICLE V. HOUSE MOVING
(A) No person shall move, transport or convey any building, machinery, truck or trailer more than 8 feet 8 inches wide or higher than 13 feet 6 inches above the surface of the roadway into, across or along any street or other public place in the city, without first obtaining a permit from the Building Official.
(B) The applicant shall pay a fee as determined by the City Council from time to time and shall file an insurance certificate with the City Clerk.
(1993 Code, § 14-111)
ARTICLE VI. BUILDING BOARD OF APPEALS
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be, and is hereby created, a Board of Appeals, consisting of three members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex officio nonvoting member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor at or before the first Council meeting of December of each year to serve from and after January 1 of each year. With the first appointments made prior to December, 2015, one member shall be appointed every year thereafter and each member appointed shall serve for a term of three years. A person may not serve on the Board of Appeals if he or she serves on a Board of Appeals of another governmental subdivision. The Board shall adopt reasonable rules and regulations for conducting its investigations and may recommend to the City Council such new legislation as is consistent therewith. Two members of the Board shall constitute a quorum for conducting the business of the Board.
(Ord. 2015-03, passed 10-26-2015)
The business which the Board of Appeals may perform shall be conducted at a public meeting of the Board of Appeals held in compliance with Act No. 267 of the Public Acts of 1976. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. A record of decisions made by the Board of Appeals, properly indexed, and any other writing prepared, owned, used, in the possession of, or retained by the Board of Appeals in the performance of an official function shall be made available to the public, in compliance with Act No. 442 of the Public Acts of 1976.
(Ord. 2015-03, passed 10-26-2015)
The Board of Appeals shall hear the appeal within 60 days after submission, and upon the concurring vote of two members, render and file its decision with a written statement of its finding of relevant fact and reasons therefor with the Building Official not later than 30 days after the hearing of the appeal. Failure of the Board to hear an appeal and file its decision within the time limit is deemed a denial. A copy of the decision and statement of the facts and reasons shall be delivered or mailed to the appellant on or before the date of filing.
(Ord. 2015-03, passed 10-26-2015)
(A) The Board of Appeals may grant a specific variance to a substantive requirement of this chapter if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied:
(1) The performance of the particular item or part of the building or structure with respect to which the variance is granted shall not substantially deviate from intended use and shall not substantially deviate from performance required by the code of that particular item or part for the health, safety, and welfare of the people of this state; and
(2) The specific conditions justifying the variance shall be neither so general nor recurrent in nature so as to make an amendment of the code with respect to the conditions reasonable, practical, or desirable.
(B) The Board of Appeals may attach in writing any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety, and welfare of the people of the State of Michigan. The breach of a condition shall automatically invalidate the variance and any permit, license, and certificate granted on the basis of it. In no case shall more than a minimum variance from the code be granted than is necessary to alleviate the exceptional, practical difficulty.
(Ord. 2015-03, passed 10-26-2015)
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