(A) Establishment. The Zoning Board of Appeals is hereby established as permitted in Section 5 of Act 207 of the Public Acts of 1921, as amended, and shall perform the duties as provided in the statute and in such manner as to observe the spirit, intent and objectives of this chapter. In performing such duties, the Board shall secure public safety and provide justice.
(B) Membership.
(1) The City Council shall appoint at least five members. One member may be appointed from the City Planning Commission for a term coinciding with the Planning Commission appointment. Appointment shall be made for one, two and three years, respectively, so as nearly as possible to provide for an equal number of appointments each year. After the initial appointments, each officer shall hold office for a full three year term.
(2) The City Council may appoint not more than two alternate members for the same term as the regular members. The alternate members may be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member, having been appointed, shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.
(C) Appeals taken by Board.
(1) An appeal may be taken by a person, corporation, partnership, unincorporated association or similar entity aggrieved by any order, requirements, decision or determination made by an administrative official or body charged with the enforcement of the provisions of this chapter, or by an officer, department, board or bureau of the city. An appeal shall be taken, within such time as prescribed by the Zoning Board of Appeals by general rule, by filing with the Building Official or other official responsible for code enforcement and the Zoning Board of Appeals a notice of appeal specifying the grounds for the appeal. The Building Official or other official responsible for code enforcement from whom the appeal is taken shall immediately transmit to the board all papers constituting the record upon which the action was taken.
(2) An appeal, under this section, stays all proceedings in furtherance of the action appealed from unless the Building Official or other official responsible for code enforcement from whom the appeal was taken certifies to the Board, after the notice is filed, that by reason of facts stated in the certificate, a stay, in the opinion of the Building Official or other official responsible for code enforcement, would 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 Circuit Court.
(D) Notice. The Board shall fix a reasonable time and place for hearing of an appeal and give due notice to the appeal to the persons to whom real property within 300 feet of the subject premises as assessed, and to the occupants of single- and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the latest assessment role. If the tenant’s name is not known, the term “occupant” may be used. Upon the setting of a hearing, a party may appear in person or by agent or attorney. The notice shall follow public notification on requirements as specified in § 155.291, Public hearing notification.
(E) Powers and duties.
(1) The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirements, decision or determination made by an administrative official or body charged with the enforcement of the provisions of this chapter. The Board shall also hear and decide matters referred to the Board or upon which the Board is required to pass under a code of the City Council adopted under this chapter.
(2) The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from and shall make an order, requirement, decision, or determination in the matter, and to that end shall have all the powers of the officer or body from whom the appeal is taken. If there are practical difficulties or unnecessary hardship in carrying out the strict letter of this chapter, the Board may vary or modify any rules or provisions relating to the construction, structural changes in, equipment, or alteration of buildings or structures or the use of land, buildings or structures so that the spirit and intent of this chapter shall be observed, public safety secured and substantial justice done.
(3) The Board shall hear and decide upon requested interpretations of the zoning map fixing use districts and street location. The decision of the Board shall be final.
(F) Decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body, or to decide in favor of the applicant a matter which the Board is required to pass an ordinance, or to effect a variation in a provision of this chapter. However, a concurring vote of 2/3 of the members of the Board shall be necessary to grant a variance from uses of land as permitted in this chapter.
(G) Appeals of Board decisions. A person, corporation, partnership, unincorporated association or similar entity affected by a decision of the Board may appeal to the circuit court.
(H) Fees. The City Council shall establish application and review fees by resolution, which may be amended from time to time.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)