(A) Creation and membership.
(1) There shall be established and appointed by the City Council, in accordance with Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, a Zoning Board of Appeals. Such Board shall consist of seven members, one of whom shall be a member of the City Council, one a citizen member of the Planning Commission with appointment by the Council coinciding with his or her Planning Commission term, and five members who shall be appointed by the Council. In the latter instance, one of said members shall be appointed for a one-year term, two of said members shall be appointed for a two-year term and two of said members shall be appointed for a three-year term.
(2) Thereafter, each member shall be appointed to hold office for a full three-year term. All of the members of the Board of Appeals shall be citizens of the United States and residents of the city for a two-year period prior to appointment. No elected officer, other than the Council member or employee of the city, shall be a member of the Board. Any vacancy in the Board shall be filled by the Council for the remainder of the unexpired term. Compensation of members of the Board of Appeals shall be fixed by the City Council.
(1979 Code, § 5.141)
(B) Power of Zoning Board of Appeals. The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. Said power includes the following.
(1) The Zoning Board of Appeals may hear and decide where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provision of this chapter.
(2) The Zoning Board of Appeals may hear and decide in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the Zoning Map and for decisions on special approval situations on which this chapter specifically authorizes the Board to pass. Any exception or special approval permit shall be subject to such conditions as the Board may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter.
(3) The Zoning Board of Appeals may approve an application, upon appeal, for a variance from the strict application of the provisions of this chapter, in accordance with the following provisions.
(a) A nonuse variance may be granted upon the applicant demonstrating that a practical difficulty exists due to unique circumstances or physical conditions of the property.
(b) A use variance may be granted upon the applicant demonstrating that an necessary hardship exists due to unique circumstances peculiar to the property and not general to the neighborhood conditions.
(c) The need for the variance must not be due to the applicant’s personal or economic hardship or the result of actions must not cause an adverse impact on the surrounding property or alter the essential character of the neighborhood.
(d) In granting a variance, the Board shall state the grounds upon which it justifies the granting of the variance and may attach conditions to the variance as it may deem reasonable in furtherance of the purpose of this chapter.
(4) The Zoning Board of Appeals may grant a permit for temporary buildings or uses for periods not to exceed two years. The granting of temporary permits shall be done under the following conditions.
(a) The granting of a temporary permit shall in no way constitute a change in the basic zoning district and principal uses permitted herein.
(b) The granting of the temporary permit shall be granted in writing stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.
(c) All setbacks, land coverage, off-street parking, lighting and other necessary requirements to be considered in protecting the public health, safety and general welfare of the people of the city shall be made at the discretion of the Zoning Board of Appeals or as otherwise provided in this chapter.
(5) The Zoning Board of Appeals may permit the erection and use of a building or use of premises for public utility purposes and make exceptions therefor to the height and bulk requirements herein established which said Board considers necessary for the public safety and welfare.
(1979 Code, § 5.144)
(Ord. 62, passed 5-15-1978; Ord. 175, passed 2-3-2009)