[1]
State law reference: Variances, MCL 125.290 et seq.
[Code 1974, § 81-3.5(A)]
The purpose of this division is to establish authority and procedures whereby the Zoning Board of Appeals may vary or modify provisions of this chapter in cases where the granting of a variance would not be contrary to the public interest and, due to special conditions, a literal enforcement of the provisions of this chapter.
[Code 1974, § 81-3.5(B)]
The Zoning Board of Appeals may grant variances from any provisions of this chapter, except in the following instances:
(1) 
To allow a use expressly or by implication prohibited by the terms of this chapter in such zoning district.
(2) 
To waive compliance with regulations pertaining to nonconforming land, structures, or uses except as specifically authorized in section Article V, Division 6 of this chapter.
[Code 1974, § 81-3.5(C)]
The following shall be submitted to the Department of Community Planning and Development. No application shall be processed until it is complete.
(1) 
A completed variance application form available from the Department of Community Planning and Development containing the following information:
a. 
The address and/or parcel number of the subject property.
b. 
The applicant's name, address, and phone number.
c. 
The name, address, and phone number of all persons with an ownership interest, if different from the applicant.
d. 
Zoning of the subject property.
e. 
Zoning ordinance section from which variances are being requested.
(2) 
A nonrefundable fee in the amount established in the schedule of fees as adopted by the Township Board.
(3) 
A legal description and plot of survey of the subject property.
(4) 
Evidence of fee and/or other ownership of the subject property for which the variance is being requested.
(5) 
A written statement with supporting evidence demonstrating compliance with the review criteria specified in § 86-221.
(6) 
A plan showing the location of existing structures or other features which limit the full use of the subject property in accordance with this chapter requirements, and location of proposed structures or additions, or other activity requiring a variance from the terms of this chapter.
(7) 
Other information the Director of Community Planning and Development deems necessary to thoroughly evaluate the application.
[Code 1974, § 81-3.5(D)]
When in the determination of the Director of Community Planning and Development a requested variance affects either a regulated wetland, wetland setback, or both, the director may refer the case to the environmental commission.
[Code 1974, § 81-3.5(E); Ord. No. 2007-12, 10-28-2007]
Upon determination that the application for a variance, site specific interpretation, or site specific appeal of a decision by the Director of Community Planning and Development is complete, the Director of Community Planning and Development shall initiate the review process as described below:
(1) 
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
(2) 
Conduct of public hearing. The Zoning Board of Appeals shall conduct a public hearing in accordance with the organization and procedures set forth in § 86-62(d).
(3) 
Decision. Decisions of the Zoning Board of Appeals to approve or deny an application for a variance are final, subject to appeal to the proper court of jurisdiction.
(4) 
Notice of decision. The Director of Community Planning and Development shall notify the applicant in writing of the zoning board of appeal's decision.
[Code 1974, § 81-3.5(F); Ord. No. 2007-12, 10-28-2007; amended 5-3-2022 by Ord. No. 2022-02]
In the review of an application for a variance, the Zoning Board of Appeals should determine if the following criteria are satisfied:
(1) 
Unique circumstances exist that are peculiar to the land or structure, that are not applicable to other land or structures in the same zoning district and these unique circumstances are not self-created.
(2) 
Strict interpretation and enforcement of the literal terms and provisions of this chapter would result in practical difficulties that would prevent the owner from using the property for a permitted purpose.
(3) 
Granting the variance is the minimum action necessary which would carry out the spirit of this zoning ordinance, secure public safety, and provide substantial justice.
(4) 
Granting the variance will not adversely affect adjacent land or the essential character in the vicinity of the property.
(5) 
Granting the variance will be generally consistent with public interest and the purposes and intent of this chapter.
[Code 1974, § 81-3.5(G)]
(a) 
The Zoning Board of Appeals, in granting a variance, may require such conditions and safeguards deemed necessary to accomplish the purposes and intent of this chapter, to prevent or minimize adverse impacts upon the public and neighborhoods, and to ensure compatibility among land uses.
(b) 
Site conditions may include, but shall not be limited to the following:
(1) 
Special yards, open spaces, or buffers.
(2) 
Fences, wall, or installation and maintenance of landscaping.
(3) 
Points of vehicular ingress and egress.
(4) 
Traffic circulation systems.
(5) 
Extent of signage.
(6) 
Limited hours of operation and methods of operations.
(7) 
Controls for potential nuisances.
(8) 
Standards for maintenance of buildings and grounds.
(c) 
At the time a variance is granted, the Zoning Board of Appeals may require that a cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to the Township Treasurer covering the estimated cost of the required improvements be deposited with the Township Treasurer to insure faithful completion of the improvements. As required improvements are completed, portions of a cash deposit or certified check may be rebated. In the case a letter of credit is on file with the Township Treasurer, as work progresses, a new letter of credit may replace the letter of credit on file.
(d) 
A breach of any of the conditions required by the Zoning Board of Appeals shall automatically invalidate the variance granted.
[Code 1974, § 81-3.5(H); Ord. No. 2010-12, 8-22-2010]
Granting a variance shall authorize only the purpose for which it was granted. The effective date of a variance shall be the date the Zoning Board of Appeals approves such variance. A building permit must be applied for within 24 months of the date of the approval of the variance and a certificate of occupancy must be issued within 18 months of the date the building permit was issued, otherwise the variance shall be void.
[Code 1974, § 81-3.5(I)]
A variance may be amended, modified, or extended only in accordance with the procedures and criteria set forth for an original application in this division.
[Code 1974, § 81-3.5(J); Ord. No. 2004-01, 2-29-2004]
No application for a variance, which has been denied wholly or in part by the Zoning Board of Appeals, shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed circumstances found by the Zoning Board of Appeals to be sufficient to justify consideration.
[Code 1974, § 81-3.5(K)]
Development authorized by the granting of the variance shall not commence until the applicant has secured all other permits and approvals required by this chapter and all other applicable Township, county, state, and federal regulations.
[Code 1974, § 81-3.5(L)]
Conditions and requirements stated as part of the variance authorization shall be a continuing obligation of the owner of the property. Enforcement procedures set forth in § 86-9 and 86-10 shall apply.