Board of Zoning Appeals
The Board of Zoning Appeals was established by Michigan State Law, Public Acts 207 of 1921, and City Ordinance No. 315, Section 80.64. The board hears and decides appeals on the zoning, fence, and sign and property maintenance code ordinances. Powers, duties and procedures are set by state law and city ordinance. The board meets the first Thursday of each month in the city commission chambers at 7:00 pm and has six members serving three year terms.
| Name | Appointed | Expiration |
|---|---|---|
Ventura, Bruce (Appointed by the Planning Commission) |
01-14-08 |
02-15-09 |
Bruns, Ryan |
02-09-04 02-12-07 |
02-15-07 02-15-10 |
Dupras, Robert (alternate) |
08-29-05 02-12-07 |
02-15-07 02-15-10 |
Fuller, Mark |
10-29-01 01-27-03 01-30-06 |
02-15-03 02-15-06 02-15-09 |
Suksi, James |
04-28-08 |
02-15-11 |
Capuana, Joseph A. |
07-09-01 02-10-03 01-30-06 |
02-15-03 02-15-06 02-15-09 |
Patrick, George |
11-29-04 02-12-07 |
02-15-07 02-15-10 |
Huddle, Harley (alternate) |
04-28-08 |
02-15-11 |
Crotty, Charles |
12-18-06 | 02-15-08 |
Administration Liaison: Pat Gruber, Planning/Zoning Official 228-0425 |
| Your Application Deadline is: | Supporting Materials Due: | For the Meeting on: |
|---|---|---|
| 12-03-07 | 12-21-07 | 01-03-08 |
| 01-08-08 | 01-28-08 | 02-07-08 |
| 02-15-08 | 02-25-08 | 03-06-08 |
| 03-04-08 | 03-24-08 | 04-03-08 |
| 04-01-08 | 04-21-08 | 05-01-08 |
| 05-06-08 | 05-26-08 | 06-05-08 |
| 06-10-08 | 06-30-08 | 07-10-08 |
| 07-08-08 | 07-27-08 | 08-07-08 |
| 08-05-08 | 08-25-08 | 09-04-08 |
| 09-02-08 | 09-22-08 | 10-02-08 |
| 10-08-08 | 10-27-08 | 11-06-08 |
| 11-04-08 | 11-24-08 | 12-04-08 |
| 12-09-08 | 12-23-08 | 01-08-09 |
Agendas and minutes are available for review outside the City Treasurer's office and at the Community Development department. Approved minutes are also available for review at Peter White Public Library |
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BY-LAWS MARQUETTE CITY BOARD OF ZONING APPEALS
NAME:
The name of this board shall be called the Marquette City Board of Zoning Appeals (hereinafter called the Board).
OBJECT:
The Board shall have the powers and responsibilities granted by 110 of 2006, the Michigan Zoning Enabling Act as amended and as granted by all other applicable laws. The Board shall also have all powers and responsibilities as granted by the Marquette City Code.
MEMBERS:
Appointments to the Board shall be made by the city commission. The term of appointment shall be three (3) years. A member whose term has reached or exceeded six (6) years shall not be reappointed until one (1) year has elapsed.
Terms shall expire on February 15th of each year unless new appointments have not been made. Alternate members shall be appointed and serve according to the procedures set forth in section 80.64 of the zoning ordinance as amended. One member of the Board shall be a member of the Planning Commission. “Full Board Membership” for purposes of hearing appeals shall consist of seven (7) members. The Board shall not conduct business unless a majority of the regular members are present.
OFFICERS:
Officers of the Board shall be a chairman, and a vice-chairman.
The officers of the Board shall be elected at the regular March meeting of each year. Special elections may be held to fill vacancies.
The term of office of the Board's officers shall be one year. Officers may be reelected.
MEETINGS:
All meetings of the Board shall be open to the public. Regular meetings of the Board shall be held in the commission chambers of city hall at 7:00 pm on the first Thursday of each month. When a meeting falls upon a holiday, the meeting shall be held at the regular time on the subsequent Thursday. Special meetings of the Board may only be held at 7:00 pm on the third Thursday of the month unless an alternative date is scheduled at a regular meeting of the Board. A written request outlining the need for a special meeting shall be received by the secretary of the Board. The secretary shall confirm the attendance of a minimum of four (4) Board members prior to processing any legal notices or scheduling the special meeting.
Notification procedures must be met for all public hearings. Additional items may be added to the agenda once the meeting is set. A special meeting fee as set by the city commission will be charged. The chairman of the Board of Zoning Appeals or the city commission may request a special meeting of the Board with twenty four (24) hours notice. Such meetings shall not involve public hearings. A quorum for the transaction of business shall be four (4) members. A simple majority shall be one more than half of the members present. The concurring vote of a majority of the members of Board is necessary to reverse an order, requirement, decision, or determination of the administrative official or body, to decide in favor of the applicant on a matter upon which the Board is required to pass under the zoning ordinance, or to grant a variance in the zoning ordinance. The concurring vote of four (4) of the Board members shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide in favor of the applicant any matter upon which it is required to pass or to affect any variation in the requirements of the Zoning Ordinance.
AGENDAS:
All matters which require a public hearing shall be submitted to the Community Development department on an appropriate application form not less than 22 working days prior to the meeting. Forms are available at the department or from the dity’s webpage, www.mqtcty.org.
All items to be placed on the agenda must be submitted to the secretary not less than ten (10) days prior to a meeting, unless the addition of such item(s) are accepted by a quorum of the Board members then present.
Items which are not on an agenda may be submitted at a meeting during the time allotted for citizens wishing to address the Board. The Board may consider these items upon permission of the quorum of the Board members then present.
The order of the agenda shall be as follows:
I. Roll call
II. Minutes of the previous meeting
III. Additions / Deletions to the agenda
IV. Public hearings
V. Citizens wishing to address the Board
VI. Old business
VII. New business
PUBLIC HEARINGS:
The chairman or appropriate delegate shall announce the hearing and request supporting documentation and correspondence from staff.
The chairman or appropriate delegate then opens the public hearing inviting the petitioner to speak and then inviting members of the audience to speak.
Members may question either staff or the petitioner with concurrence of the chairman or appropriate delegate.
Citizens or petitioners speaking to the Board must be recognized by the chair and state their name and address for the record.
After all citizens have had the opportunity to speak, the chairman or appropriate delegate will close the public hearing, and the Board will commence deliberations.
Members may question the petitioner or any citizen during deliberations.
Following discussion and deliberation by the Board members, the chairman or appropriate delegate will ask for a motion.
RULES OF ORDER / MOTIONS:
The chairman or appropriate delegate will solicit and acknowledge a motion on the issue. Motions may be made by any member other than the chairman or appropriate delegate, then recognized by the chairman or appropriate delegate. The maker of the motion is entitled to speak first. Motions must receive a second and be recognized by the chairman or appropriate delegate. Friendly amendments to motions must receive concurrence with the maker of the motion, and the member who seconds the motion. Failure to receive an affirmative acknowledgment from both members negates the friendly amendment. The chairman or the appropriate delegate will ask for discussion on the motion. Following appropriate discussion, the chairman or the appropriate delegate will call for a vote on the motion. A motion to table consideration of the issue at hand must be made for a definite period and in the event a second is accepted by the chairman or appropriate delegate, may not be discussed. Motions should be considerate of the following:
- The Board shall make a finding that the requirements of Section 80.64 4.B. (1) a. through e. located on the variance application have been met by the applicant and;
- The Board shall make a finding that the reasons set forth in the application justify the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure and;
- The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
GENERAL RULES OF DEBATE:
The maker of a motion is entitled to speak first.
A member must obtain the floor by being recognized by the chair.
A member may not speak against their motion but may vote against it.
A courteous tone must be maintained, and interjecting personal comments or attacking other members’ motives is prohibited.
PROCEDURES:
An appeal for review of any administrative action shall not be accepted more than sixty (60) days after that action.
Appeals, petitions, or requests for action which require public hearings shall not be accepted for consideration less than twenty two (22) days before the meeting date.
Support materials presented by the petitioner shall be submitted to the zoning office prior to 5:00 P.M. ten (10) calendar days prior to the date of the hearing. All materials shall be considered property of the city and must remain on file.
Surveys or locational sketches, prepared by a licensed surveyor, indicating all existing and proposed construction must be submitted for all public hearings involving dimensional variances.
Notice of the public hearing shall be given by the secretary not less than fifteen (15) days prior to the hearing pursuant to Act 110 of 2006 which requires that notice be given to all persons to whom real estate is assessed within 300 feet of the boundary of the property in question and to occupants of all structures within 300 feet of the boundary of the property in question. If a tenant’s name is not known, the term “occupant” may be used.
Following the public hearing, the Board shall make a determination within forty-five (45) days.
If only five (5) or six (6) Board members are present to hear an appeal, the petitioner may request, following the hearing, that the decision be delayed until a meeting when seven (7) members are present. Such a delay may be granted twice but a vote shall be taken without further option for extension if five (5) or six (6) members are present at the second meeting following the hearing. An alternate seated at the commencement of an appeal must continue with appeal until a decision is made.