Housing Board of Appeals.
Ann Arbor City Code § 8:515
in effect8:515. - Housing Board of Appeals.
(1) Power to correct errors. A Building Official's order enforcing or interpreting this chapter may be appealed to the Housing Board of Appeals.
(2) Power to grant variances. If the strict application of this chapter would cause an owner unnecessary hardship or practical difficulties, the board may grant a variance. A variance may not be granted if it will violate the intent of this chapter or jeopardize public health and safety.
(3) Power to extend limits. The board shall have the power to grant extensions of time under section 8:514(5). Requests for extensions shall be first on the agenda.
(4) Power to issue enforcement guidelines. The board shall have the power to issue enforcement guidelines which interpret this chapter. The guidelines shall take effect after approval by the City Council. The board or the Building Official may propose guidelines.
(5) Appeal and variance procedure.
(a) An application to appeal, for a variance or for a time extension shall be made on a form supplied by the city. The fee for appeal shall be established by resolution of the City Council upon the recommendation of the City Administrator. The application shall state in detail the grounds for the application and the relief sought. An application for a variance shall specify the regulation to be varied and the extent of the variance. Filing an application shall not stay any penalty or civil remedy, including the withholding of rent when permitted by law.
(b) The Building Official shall notify tenants of the building of the nature of the application and the time of the hearing. The notice may be mailed or posted in a conspicuous location in the building.
(c) Anyone may appear at the hearing in person or through an agent.
(d) The board shall base each decision on a record which includes the application, the administrative records, the staff report and any evidence submitted to the board. The board shall develop and maintain guidelines which determine when at least 1 member of the board must visit the area(s) of the building under consideration for a variance.
(e) Each decision of the board shall be based on written findings of fact. For variances, the findings must include the grounds for finding:
1. Practical difficulties or unnecessary hardship;
2. The variance does not violate the intent of this chapter;
3. The variance does not jeopardize public health and safety.
(f) A decision of the board shall be signed by the chair and a copy shall be mailed to the applicant. If the board grants an appeal from an order of the Building Official the appeal fee shall be refunded.
(6) Quorum. Two-thirds of the seated members of the board is a quorum.
(7) In-service training. The city shall provide board members with training on how a variance is an acceptable deviation from the rules of this chapter only if it is consistent with the purposes of the chapter.
(Ord. No. 66-87, § 1, 12-21-87; Ord. No. 25-89, § 5, 5-15-89; Ord. No. 28-90, § 9, 6-4-90; Ord. No. 46-92, § 2, 6-15-92; Ord. No. 54-92, § 7, 8-17-92)
Source: City of Ann Arbor, Michigan, Code (Municode Library, library.municode.com)URL: https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances?nodeId=TITVIIIBURE_CH105HOCO_8_515HOBOAPFetched: 11/8/2026