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ARTICLE 4. THE LEGISLATIVE BRANCH

CHAPTER 2. BOARD OF ZONING APPEALS

Annotations By: Jacqueline Bejma

Sec. 4-201. Establishment of Board of Zoning Appeals

There shall be established, pursuant to the Michigan Zoning Enabling Act, MCL 125.3101, et al., a Board of Zoning Appeals. The Board of Zoning Appeals shall be composed of at least seven (7) members, one (1) each from the non at-large districts.

Sec. 4-202. Board of Zoning Appeals Ordinance

In accordance with the Michigan Zoning Enabling Act the City of Detroit shall enact an ordinance that establishes one (1) appeal board with the powers and duties:

1. To hear appeals from administrative decisions either of the Buildings, Safety Engineering, and Environmental Department or Planning and Development Department;
2. To hold hearings on non-conforming uses and structures and requests for variances.

In addition, the ordinance shall provide:

1. For rules governing the appeal and other matters properly before the Board, including the parties entitled to be heard in proceedings before the Board;
2. In any review proceeding, that the Buildings, Safety Engineering, and Environmental Department or the Planning and Development Department shall file a written statement and may appear before the Board in support of its decision;
3. The effect of a decision of the Board; and
4. For compensation of Board members.

In accordance with the Michigan Zoning Enabling Act, MCL 125.3601, the City of Detroit shall enact an ordinance that establishes one (1) appeal board with the powers and duties: (1) to hear appeals from administrative decisions either of the Buildings, Safety Engineering, and Environmental Department or Planning and Development Department; and (2) hold hearings on non-conforming uses and structures and requests for variances. In accordance with MCL 125.3601(1), the ordinance shall provide that the City Council appoints members to the Board of Zoning Appeals.

In addition, the ordinance shall provide:

1. For rules governing the appeal and other matters properly before the Board, including the parties entitled to be heard in proceedings before the Board;
2. In any review proceeding, that the Buildings, Safety Engineering, and Environmental Department or the Planning and Development Department shall file a written statement and may appear before the Board in support of its decision;
3. The effect of a decision of the Board; and
4. For compensation of Board members.