(A) Generally. The ZBA shall have the authority to hear and decide appeals that are taken by an aggrieved person or by an officer, department, board, commission, or bureau of the state or local government from any review, order, requirement, decision, or determination made by the Zoning Administrator, the Planning Commission, or the City Council, in the course of enforcing this chapter. The ZBA shall and does have the authority to grant nonuse variances relating to the construction, structural changes, or alterations of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance. In addition, a nonuse variance in this chapter may be applied for and granted under § 4 of the Uniform Condemnation Procedures Act, Public Act 87 of 1987, being M.C.L.A. §§ 213.54 et seq. The authority to grant variances from uses of land is restricted to and reserved by the City Council. An appeal shall only be heard by the ZBA if a complete application for an appeal is filed within 30 days of the date of the order, requirement, decision, or determination from which the appeal is sought. The effective date of the order, requirement, decision, or determination from which the appeal is sought is, in the case of the Zoning Administrator, the date it is issued and, in all other cases, the date on which the minutes of the meeting at which such order, requirement, decision, or determination from which the appeal is sought were approved.
(B) Application. An application for an appeal may be taken by any aggrieved person or by an officer, department, board, commission, or bureau of the state or local government from any order, requirement, decision, or determination made by the Zoning Administrator, the Planning Commission, or the City Council in the course of enforcing this chapter. In order for an application for appeal to be considered as a complete application for appeal, it shall conform to all of the following requirements:
(1) The application for an appeal shall be filed with the Secretary of the ZBA and the officer from whom the appeal is taken, the Zoning Administrator or the Chairperson of the Planning Commission or the Clerk of the City Council;
(2) The application shall be deemed to be filed on the date that the complete application is received by the Secretary of the ZBA;
(3) The application shall be made on forms provided by the Zoning Administrator. The applicant shall submit with the application for appeal filed with the Secretary of the ZBA a fee as established from time to time by the City Council. The application shall contain, at a minimum, the following information:
(a) Name and address of the applicant;
(b) The property address, tax number, and zoning district classification for the property in question;
(c) A site plan showing the property boundary lines and dimensions, and the location and dimensions of existing and proposed structures. The ZBA may, in its discretion, require that the applicant, at his or her expense, submit a detailed site plan prepared by a licensed surveyor or professional engineer when it determines that such a site plan is necessary in order for the ZBA to make an informed decision; and
(d) A written narrative that describes the decision or action from which the appeal is sought, the particular relief that is sought, and the potential impact of the relief sought on adjacent and nearby properties, and that specifically addresses each standard set forth in division (E) below.
(4) Within 14 days of the date the complete application for appeal is filed, the officer from whom the appeal is taken shall deliver to the Secretary of the ZBA copies of all of the papers constituting the record upon which the decision was made.
(C) Stay of proceedings. A complete application for appeal that is timely filed shall have the effect of staying all proceedings in furtherance of the action being appealed, unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property. If such certification is made, proceedings shall not be stayed except by a restraining order issued by the ZBA, or by a court of competent jurisdiction. The provisions of this division (C) shall not nullify a stop-work order validly issued by the Zoning Administrator or Planning Commission.
(D) Notice of public hearing. Upon receipt of an application for an appeal, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the appeal not less than 15 days before the public hearing. In addition, if the application for appeal involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant’s or other occupant’s name is not known, the term “occupant” may be used.
(E) ZBA review. Once the Secretary of the ZBA is in receipt of the complete application and the complete record on which the decision was made, the Secretary shall schedule a meeting of the ZBA and place the appeal case on the agenda for that meeting. Such meeting shall be held no sooner than 15 days after publication and service of the notice on the person requesting the appeal, nor more than 60 days from the date that the application for appeal is received by the Secretary.
(1) The Secretary shall notify all parties entitled to notice of the date, time, and place of the meeting, at least 15 days prior to the meeting by first-class mail or personal delivery as provided in the preceding division (D).
(2) The appellant may be represented by a party who has a legal financial interest in the property (such as a purchase agreement) provided that the application for appeal contains an affidavit signed by the property owner(s) identifying the presenting party and the nature of the legal interest. An agent or attorney may also represent the appellant and other parties entitled to notice.
(3) The Chairperson of the ZBA may administer oaths to each person who speaks or who offers evidence or testimony at the public hearing. The Chairperson may compel the attendance of witnesses.
(F) Standards for granting an appeal to the ZBA. In reviewing the appeal, the ZBA shall consider the following standards:
(1) Did the order, requirement, decision, or determination comply with the Constitution and laws of the state and with the requirements of this chapter?
(2) Is the order, requirement, decision, or determination based upon proper procedure?
(3) Is the order, requirement, decision, or determination supported by competent, material and substantial evidence on the record?
(4) Is the order, requirement, decision, or determination a reasonable exercise of the authority granted by this chapter?
(G) Decision on the appeal to the ZBA. The concurring vote of a majority of the membership of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, board, or commission made in the enforcement of this chapter. If the ZBA finds that all four of the standards set forth in division (F) above are satisfied, then it shall uphold the order, requirement, decision, or determination, and shall deny the appeal. If the ZBA finds that one or more of the required standards are not satisfied, it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination. To that end, the ZBA shall 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. If the ZBA finds there is additional evidence available at its public hearing that was not available when the original order, requirement, decision, or determination was made, it may remand the issue back to the officer or body from whom the appeal was taken for a rehearing. The ZBA may impose conditions on an affirmative decision in accordance with the following requirements:
(1) Such conditions shall be designed to protect the natural resources, the health, safety, and welfare, and the social and economic well-being of:
(a) Those who will patronize the land use or activity under consideration;
(b) Residents, and the landowners immediately adjacent to the proposed land use or activity; and
(c) The community as a whole.
(2) Such conditions shall be related to the valid exercise of city authority and purposes that are affected by the proposed use or activity.
(3) Such conditions shall be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
(H) Finality of ZBA decision. The decision of the ZBA in an appeal case shall be final. Any party aggrieved by the decision of the ZBA on such a case, and with proper standing, may appeal the decision of the ZBA to the Circuit Court for the county. Any appeal granted by the ZBA shall be valid for one year from the date of approval. If the use or construction authorized by a granted appeal does not commence within one year of the date of approval and, in the case of construction, is not completed within two years of the date of approval, the appeal shall become null and void and of no effect, with or without written notification by the ZBA.
(I) Appeal of ZBA decision. Any party aggrieved by a decision of the ZBA may appeal to the County Circuit Court as provided in and subject to M.C.L.A. § 125.3606 and M.C.L.A. § 125.3607.
(Ord. passed 4-12-2011)