[Ord. No. 274, effective 8-29-1999]
[1]
Editor's Note: This title was amended 9-26-2005 by Ord. No. 05-07.
[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.
A. 
Appeals. An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation or by any office, department, board, or bureau aggrieved by a decision of the Zoning Administrator, the Planning Commission, or other administrative officer or body charged with enforcement of this chapter, with the exception of decisions to approve or deny a special land use application. An appeal from any decision or action shall be filed not later than 30 calendar days after the decision or action being appealed has been taken.
B. 
Variances. Where there are practical difficulties preventing a property owner from conforming to the strict letter of this chapter, the Zoning Board of Appeals shall have the power to authorize variances from the standards in this chapter, with such conditions and safeguards as it may determine to be necessary so that the spirit of this chapter is observed, public safety secured, and substantial justice done.
C. 
Interpretations. The Zoning Board of Appeals shall have the power to determine the precise location of the boundary lines between zoning districts when there is a dissatisfaction with the administrative decision of the boundary location as made by the Zoning Administrator.
D. 
Use variance not permitted. The Zoning Board of Appeals shall not have the power to permit a use not otherwise permitted within a zoning district (i.e., a use variance). While the ZBA may grant dimensional or other site-plan-related variances for special land uses, the ZBA shall not have the power to reverse or modify the Township Board or Planning Commission decision to approve or deny a special land use permit nor grant variances to any special land use standards or conditions of special land use approval.
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.
A. 
Appeals and interpretations. The Zoning Board of Appeals is to review the record and decision of the administrative body or official and determine whether the record supports the conclusion that was reached, in light of the requirements of this chapter. The ZBA is bound by the same rules, procedures, and standards in this chapter as the original decision body. The ZBA should uphold the original decision unless the record clearly shows that the original decision body or official was one of the following:
(1) 
Arbitrary or capricious;
(2) 
Failed to ensure consistency with ordinance standards;
(3) 
Made an error, such as relying on false or inaccurate information;
(4) 
Constituted an abuse of discretion; or
(5) 
Was based upon erroneous interpretation of this chapter or zoning law.
B. 
Standards for variances from the chapter. Variances shall be granted only in accordance with Michigan Public Act 184 of 1943, as amended, and based on findings that:
(1) 
Practical difficulties. Compliance with the strict letter of the regulations governing area, setbacks, frontage, bulk, density, or other dimensional provisions would create practical difficulties and unreasonably prevent the use of the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance.
(2) 
Substantial justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district, or, as an alternative, granting of a lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.
(3) 
Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of this chapter will be observed and public safety and welfare secured.
(4) 
Extraordinary circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created.
(5) 
Preservation of property rights. A variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same zoning district.
(6) 
No safety hazard. The granting of a variance will not be materially detrimental to the public welfare or materially injurious to other nearby properties or improvements.
(7) 
No impact on land values. The granting of a variance or appeal will not unreasonably diminish or impair the value of surrounding properties.
(8) 
Neighborhood character. The granting of a variance or appeal will not alter the essential character of the neighborhood.
(9) 
Light and air. The granting of a variance or appeal will not impair the adequate supply of light and air to adjacent property.
(10) 
Promotes orderly development. The size, character and location of a development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.
(11) 
Traffic flow. A development permitted upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.
(12) 
No nuisance impacts. A development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights, or other undesirable impacts on surrounding properties.
(13) 
Impact on adjacent properties. The location, design, and height of buildings, structures, fences, or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use, or value of adjacent land or buildings.
(14) 
Relationship to adjacent land uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the Township.
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.[1]
[1]
Editor's Note: Former § 285-23.7, Amendments, as amended 7-22-2002, which immediately followed this section, was repealed 9-26-2005 by Ord. No. 05-07. For current provisions, see Art. 25.