§ 30.04. PROCEDURE FOR APPEALS TO ZONING BOARD OF APPEALS.

A. Appeals shall be commenced by a person filing a notice of appeal or petition as described in the rules and procedures of the Zoning Board of Appeals, accompanied by such appeal fee as may be specified by City Council. The notice of appeal shall specify the specific grounds upon which the appeal is based and shall be signed by the applicant and property owner. It shall also specify the requirement from which a variance is sought and the nature and extent of such variance.

B. The appeal shall also be accompanied by a fully completed application along with plot plans meeting the rules of procedure adopted by the Board.

C. The Board shall fix a reasonable time for the hearing of the appeal and shall give notice as required by this ordinance and the Michigan Zoning Enabling Act.

D. The Office of Planning shall transmit to the Board all of the documents and records related to the appeal.

E. Any person may appear in person or be represented by a duly authorized agent.

F. The Board shall conduct a public hearing on the appeal, and shall review the official record, and base its decision on the information presented. The official record shall include:

1. The relevant administrative record and administrative orders issued thereon relating to the appeal;

2. The notice of appeal;

3. Such documents, exhibits, photographs or written reports as may be submitted to the Board for its consideration;

4. The minutes of the hearing, findings of fact and decisions and orders of the Board.

G. The record and decision of the Board shall meet all of the following:

1. Complies with the constitution and laws of this state;

2. Is based upon proper procedure;

3. Is supported by competent material and substantial evidence on the record;

4. Represents the reasonable exercise of discretion granted by law to the Zoning Board of Appeals.

(Ord. No. 278-EE, § 6, 10-5-04; Ord. No. 278-NN, § 27 - 29, 34, 1-6-09)