[Amended 11-13-2006 by Ord. No. 06-07]
The purpose of this article is to provide guidelines and standards to be followed by the Zoning Board of Appeals in considering requests for variances and appeals, where the jurisdiction of the Board of Appeals has been established by Article
24, Administrative Organization, of this chapter or by the Michigan Zoning Enabling Act, Public Act 110 of 2006.
An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Administrator certifies
to the Zoning Board of Appeals, after notice of appeal has been filed,
that by reason of the facts stated in the appeal a stay would cause
imminent peril to life or property, in which case proceedings shall
not be stayed other than by a restraining order which may be granted
by the Zoning Board of Appeals or by the Circuit Court, on application,
and upon notification of the Zoning Administrator, and on due cause
shown.
[Amended 12-13-2010 by Ord. No. 10-05]
A. Application for appeal. Variances, appeals and interpretations of
any nature in which Zoning Board of Appeals action is sought shall
be commenced by a person filing an application for appeal on such
forms and accompanied by such fees as may be specified. The application
for appeal shall specify the grounds upon which the appeal is based
and shall be signed. Applications involving a request for a variance
shall specify the requirements from which a variance is sought and
the nature and extent of such variance.
(1)
Applications involving a specific site shall be accompanied
by 10 complete copies of a plan drawing prepared in accordance with
the standards set forth below.
(a)
Applicant's name, address, and telephone number.
(b)
Scale, North point, and dates of submission and revisions.
(c)
Zoning classification of petitioner's parcel and all abutting
parcels.
(d)
Existing lot lines, building lines, structures, parking areas,
driveways, and other improvements on the site and within 100 feet
of the site.
(e)
Proposed lot lines and lot dimensions, and general layout of
proposed structures, parking areas, driveways, and other improvements
on the site.
(f)
Dimensions, center lines, and right-of-way widths of all abutting
streets and alleys.
(g)
Location of existing drainage courses, floodplains, lakes and
streams, and woodlands.
(h)
All existing and proposed easements.
(i)
Location of sanitary sewer or septic systems, existing and proposed.
(j)
Location and size of water mains, well sites, transformers,
generators, and building service, existing and proposed.
(2)
The Community Development Department or Zoning Board of Appeals
has the discretion to require additional items such as building floor
plans and elevations.
(3)
If any of the items listed are not applicable to a particular plan drawing, the applicant shall specify on the plan drawing which items do not apply, and furthermore, why the items are not applicable. Where an application for appeal involves a variance sought in conjunction with a regular site plan review, the application data requirements for site plan review as set forth in Article
21 Site Plan Review shall be complied with.
B. Applicant attendance. The applicant or a designated representative
must be present at all scheduled review meetings or consideration
of the appeal or variance may be tabled. Any need to re-advertise
a public hearing due to absence or a requested tabling shall be funded
by the applicant. Absence at two consecutive meetings without prior
notice to the Zoning Administrator shall result in denial of the application.
C. Review by the Zoning Board of Appeals. The Zoning Administrator shall forward all applications for appeal, along with any supporting materials and plans to the Zoning Board of Appeals. In accordance with the requirements of the Michigan Zoning Enabling Act, Public Act 110 of 2006, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties involved, and decide the appeal within a reasonable time. In addition, a notice of the hearing shall be made in accordance with §
285-24.6.
D. Decision by the Zoning Board of Appeals.
(1)
The Zoning Board of Appeals shall reach its decision within
120 days from the date of the first hearing on the appeal. The concurring
vote of a majority of the members of the Zoning Board of Appeals shall
be necessary to reverse an order, requirement, decision, or determination
of the administrative official or body, or to decide in favor of the
applicant any matter upon which they are required to pass under, or
to effect any variation in an ordinance adopted pursuant to the Michigan
Zoning Enabling Act, Public Act 110 of 2006.
(2)
The Zoning Board of Appeals may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or determination,
in accordance with the guidelines set forth herein. To that end, the
Zoning Board of Appeals shall have all the powers of the officer or
body from whom the appeal was taken and may issue or direct the issuance
of a permit. The Board may impose conditions with an affirmative decision,
pursuant to Section 604(7) of the Michigan Zoning Enabling Act, Public
Act 110 of 2006.
E. Record of appeal. The Zoning Board of Appeals shall record into the
minutes all relevant findings, conditions, facts and other relevant
factors, including the vote of each member upon each question, or
if absent or failing to vote, and all of its official actions. The
Zoning Board of Appeals shall prepare and retain a record of each
appeal, and shall base its decision on this record. This record shall
include:
(1)
The relevant administrative records and the administrative orders
issued thereon relating to the appeal;
(2)
The notice of the appeal;
(3)
Such documents, exhibits, plans, photographs, or written reports
as may be submitted to the Board for its consideration; and
(4)
The motion which contains the decisions, and the conditions
imposed by the Zoning Board of Appeals in acting on the appeal, after
being signed by the Secretary of the Board, thereby effectuating said
decision(s) or conditions.
F. Decision final. The decision of the Zoning Board of Appeals shall
be final, but a person having an interest affected by the zoning ordinance
may appeal to the circuit court.
G. Action on decision. The decision of the Zoning Board of Appeals shall
expire after one year unless a building permit for the construction
is obtained and construction is started in accordance with the terms
of the permit and the requirements of the Zoning Board of Appeals.
H. Resubmission. No application for a variance which has been denied
wholly or in part by the Board of Appeals shall be resubmitted within
one year from the date of the original filing of an application for
the variance, except on grounds of new evidence or proof of changed
conditions relating to the reasons for the denial of the original
appeal found by the Board of Appeals to be valid.
The Zoning Board of Appeals may impose conditions
and restrictions as it deems necessary in conjunction with the granting
of a variance in order to achieve the objectives of this chapter.