(A) An applicant requesting any action by the Board shall commence such request by filing a notice of appeal, on the form supplied by the city, accompanied by such appeal fee as determined by the City Council, and all plans, studies, and any other information and data as applicable, all of which shall be made a part of the record.
(B) Any dimension variance requested within the city shall be accompanied by a survey representing the dimension (distance and/or area) which is deficient and nonconforming. The dimension shall be directly measured and certified by a professional surveyor licensed to practice in the state. As it relates to areas, the surveyor shall indicate all field measured dimensions of such parcel and provide the representative calculation. As it relates to property line setbacks or building separations, the dimensions shall be a direct measurement versus calculated. This section may not require a full property line survey of the entire parcel in question but does require a survey as necessary to represent and support the variance request.
(C) Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the applicant within 30 days of the date of the order issuance or refusal to issue permit, requirement, or refusal.
(D) The Board shall fix a time for a hearing on the appeal, and shall notify the applicant of the time and place of such hearing. Notice of all public hearings conducted by the Board shall appear in a newspaper of general circulation in the city at least 15 days prior to the hearing where the appeal pertains to a specific parcel(s) of property. Notice of the public hearing shall be sent to the persons to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single- and two-family dwellings within 300 feet regardless of whether the owner or occupant is located in the city, the notice to be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If the tenant’s name is not known, the term “occupant” may be used.
(E) Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of his or her appeal. The Board of Appeals shall have the power to require the attendance of witnesses, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the Board of Appeals.
(F) The Board shall not decide an appeal until after a public hearing.
(G) The Board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.
(H) (1) The Board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:
(a) Be designed to protect natural resources, public health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents, and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
(b) Be related to the valid exercise of the police power, and purposes, which are affected by the proposed use or activity; and
(c) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
(2) Violations of any of these conditions shall be deemed a violation of this chapter, enforceable as such, and/or may be grounds for revocation or reversal of such decision.
(I) All decisions of the Board shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.
(J) Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.
(K) The Board may reconsider an earlier decision if, in the opinion of the Board, circumstances justify taking such action.
(L) (1) No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period of longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(2) No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.
(M) Any party aggrieved by a decision of the Zoning Board of Appeals may appeal to the circuit court in accordance with Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended.
(Ord. 285, passed 12-8-2003; Ord. 363, passed 6-8-2015) Penalty, see § 154.999