1234.13  LIMITATIONS ON POWERS.
   (a)   In accordance with Act 207 of the Public Acts of 1921, as amended, the concurring vote of two-thirds of all members of the Board of Zoning Appeals shall be necessary in deciding on any interpretation, special exception or variance.
   (b)   Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to exist on any matter upon which the Board is required to pass under this Zoning Code shall be construed as limitations on the power of the Board to act. A mere finding or recitation of the enumerated conditions, unaccompanied by findings of specific fact, shall not be deemed findings of fact and shall not be deemed compliance with this Zoning Code.
   (c)   Nothing contained herein shall be construed to authorize the Board to change the provisions of this Zoning Code, to effect changes in the Zoning Map or to add to the uses permitted in any district, except where specifically authorized to do so. The powers of the Board shall be so construed that the provisions of this Zoning Code are strictly enforced.
   (d)   Appeals for an interpretation, special exception or variance shall be commenced by the appellant filing with the Board, through the City Clerk, a notice of appeal, in which are specified with particularity the grounds upon which the appeal is based. Fees, if any, for appeals shall be paid to the City Clerk in an amount fixed by a schedule established by resolution of Council. The City Clerk shall forward the notice of appeal to the Building Official, the Board and the Planning Commission as an interested public party. 
(Ord. 2.  Passed 6-22-61.)
   (e)   The Chairperson of the Board shall fix a reasonable time, not to exceed forty-five days from the filing of an appeal, for the hearing of appeals, and shall give at least twelve days notice to the appellant and all owners of record of property within 300 feet of the premises in question, such notice to be delivered personally or by mail, addressed to the respective owners at the addresses given in the last assessment roll.
(Ord. 2-A-4.  Passed 12-18-62.)
   (f)   Parties to an appeal shall be accorded the right to appear in person or by or with an authorized agent.
   (g)   Parties to an appeal shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence and to conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts, provided that:
      (1)   The submission of evidence in written form shall be provided for by the procedures of the Board where the interest of any party will not be prejudiced thereby.
      (2)   The Board shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence, and, in the furtherance of this policy, the Board may limit  cross-examination.
      (3)   There may be an informal disposition of an appeal by stipulation, an agreed settlement not in conflict with the requirements of this Zoning Code, a consent order or default.
   (h)   The City Clerk or his or her duly authorized deputy, acting as Secretary for the Board, shall prepare an official record for each appeal and the Board shall base its decision on this record alone. The official record shall include:
      (1)   The relevant administrative records and administrative orders issued, respecting the matters as to which an appeal has been taken, that are offered in evidence in the hearing on the appeal;
      (2)   Official communications from the Planning Commission relative to the appeal;
      (3)   Such testimony and additional documents or exhibits as may be offered in evidence in the hearing on the appeal; and
      (4)   The requisite written findings of fact and orders disposing of the appeal that may be made by the Board.
(Ord. 2.  Passed 6-22-61.)
   (i)   No appeal to the Board which has been denied wholly or in part shall be resubmitted for one year from the effective date of an order of denial, except on the grounds of new evidence or proof of a change of conditions found to be valid by the Board. An application for a rehearing shall be in writing and subject to the same rules as an original hearing.
   (j)   If the conditions prescribed by the Board in making any grant or approving any application are not complied with within six months from the effective date of such grant or approval, then without further action by the Board the grant shall be null and void. Extensions of time for compliance may be granted by the Board upon application of the appellant.
   (k)   Decisions rendered by the Board shall not become final until the expiration of five days from the day of entry of such order,  unless the Board finds the immediate effect of such order necessary for the preservation of property or personal rights and so certifies on the record.
   (l)   Upon the payment of costs, a copy of the record of any matter on appeal shall be made available to the parties. The official record of an appeal shall be open for examination as a public record.
   (m)   Any decision of the Board may be appealed to the Circuit Court as specifed in Section 125.585 (M.S.A. 5.2935) of the Zoning Enabling Act of Michigan, Act 207 of the Public Acts of 1921, as amended.
(Ord. 1986-15.  Passed 11-3-86.)