(a) Filing of applications. An application, in cases in which the Board of Appeals has original jurisdiction under the provisions of this chapter may be taken by any property owner, or option holder, or by a tenant, with the consent of the property owner, or by a governmental officer, department, board or bureau. Such applications shall be filed with the Planning and Zoning office.
(b) Report on application. The Planning and Zoning office shall investigate the application and submit a report to the Board.
(c) Filing of appeals. An appeal to the Board may be taken by any person aggrieved by a decision of the Building Inspector or aggrieved by any action taken under this chapter by any of the administrative officials of the City charged with enforcement of the same, or by any officer, department, board or bureau of the City affected by any decision of the Building Inspector. Such appeal shall be taken within 20 days after the decision by filing with the Planning and Zoning office a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.
(d) Report on appeal. The Planning and Zoning office shall investigate the appeal and submit a report to the Board.
(e) Notice requirements and fees. The Board shall subscribe to all of the following notice requirements as set forth by Michigan law.
(1) The City Planner or designee shall publish notice of the request for hearing in a newspaper of general circulation in the City of Flint.
(2) Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction.
(3) The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term “occupant” may be used in making notification under this subsection. The notice shall do all of the following:
a. Describe the nature of the request;
b. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses need not be created and listed. If no such addresses exist within the property, other means of identification may be used;
c. State when and where the request will be considered; and
d. Indicate when and where written comments will be received concerning the request.
(4) Each application or appeal shall be accompanied by a check, payable to the City of Flint, or a cash payment to cover the cost of publication or posting, mailing the notices of the hearing or hearings and work performed in relation to the application. The amount shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. At the hearing, any party may appear in person or be represented by an agent or attorney.
(f) Decision of the Board.
(1) The Board shall decide all applications and appeals within 30 days after the final hearing thereon. A copy of the Board’s decision shall be transmitted to the applicant or appellant, and to the Building Inspector. The decision shall be binding upon the Building Inspector and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(2) The decision of the Board shall not become final until the expiration of five days from the date of entry thereof, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(g) Stay of proceedings. An appeal shall stay all proceedings regarding the action on appeal, unless the entity or officer from which the appeal is taken certifies to the Board, that a stay would cause imminent peril to life or property. The entity or officer described above shall state the factual basis for the opinion provided in a certificate provided to the Board. Otherwise, proceedings shall only be stayed by a restraining order granted by the Zoning Board of Appeals or circuit court.
(Ord. 2046, passed 4-11-1968; Ord. 3043, passed 8-24-1987; Ord. 3080, passed 10-24-1988; Ord. 3429, passed 2-8-1999; Ord. 3697, passed 12-10-2007)