(A) The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation or exception and to authorize a variance as defined in this section and laws of the state.
(B) The powers include:
(1) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or any other administrative official in carrying out or enforcing any provisions of this chapter.
(2) Variance.
(a) To authorize, upon an appeal, a variance from the strict application of this chapter under the following conditions:
1. The property was characterized by exceptional narrowness, shallowness, shape or area at the time the ordinance became effective;
2. The property possesses exceptional topographic conditions or other extraordinary or exceptional conditions;
3. The above condition was not self-created by the applicant or past property owner subsequent to the effective date of the ordinance;
4. The strict application of the ordinance would result in peculiar or exceptional practical difficulties or exceptional hardship for the property owner; and
5. The proposed variance will not substantially harm the public good or substantially impair the intent and purposes of the ordinance.
(b) In granting a variance, the ZBA may attach conditions regarding the location, character and other features of the proposed change(s) to the property as it may deem reasonable to improve the degree to which the proposed change(s) meet the requirements and intent of the ordinance.
(c) In granting a variance, the ZBA shall state in writing the findings upon which it justifies granting a variance and any conditions it has attached.
(d) The Zoning Board of Appeals does not have the authority to grant “use” variances, except as is specifically provided for in division (B)(5) below. The authority to designate permitted uses and special land use approvals is a legislative function and resides exclusively with the Township Board. The Zoning Board of Appeals may, however, interpret whether a proposed use (not expressly designated in a given district) falls under the definition of a stated permitted use.
(3) Exceptions and other appeals.
(a) To hear and decide in accordance with the provisions of this chapter; requests for interpretation of the zoning map or ordinance; appeals from the decision of the Zoning Administrator, and on any provisions of this chapter that the Zoning Board of Appeals are required to pass.
(b) Also, the Zoning Board of Appeals shall hear and decide on any exceptions subject to conditions as the ZBA may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:
1. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this plan, as shown upon the zoning map fixing the use districts, accompanying and made a part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid;
2. Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission;
3. Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, the modification will not be inconsistent with the purposes and intent of the requirements;
4. Permit the modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot that is of a shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without the modification;
5. Permit temporary buildings and uses for periods not to exceed six months. Not more than two extensions of three months each may be granted upon a showing of good cause. Extensions as provided for above may be specifically granted for construction purposes. A cash deposit as designated by the Township Board, by resolution, shall be held for a temporary building with refund upon removal. (Also see § 154.153 for temporary exceptions under Zoning Administrator permit.); and
6. Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed six months with the granting of six-month extensions being permissible: provided the use does not require the erection of any capital improvement of a structural nature, including a mobile home. A cash deposit as designated by the Township Board, by resolution, shall be held for a temporary use placement with refund upon removal.
(c) The Zoning Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:
1. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district not on the property wherein the temporary use is permitted;
2. The granting of a temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit;
3. All setbacks, land coverage, off-street parking, lighting and other requirement to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the township shall be made at the discretion of the Zoning Board of Appeals;
4. In classifying the uses as not requiring capital improvement, the Zoning Board of Appeals shall determine that they are either de-mountable structures related to the permitted use of the land, or structures which do not require foundations, heating systems or sanitary connections; and
5. The use shall be in harmony with the general character of the district.
(4) Light, air, congestion, danger and the like. Before making any variance from the zoning ordinance in a specific case, the ZBA shall first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public safety, health, comfort, morals or welfare of the inhabitants of the township.
(5) Limitation of jurisdiction. Nothing herein contained shall be construed to give or grant to the ZBA the power or authority to alter or change this chapter or the zoning map, the power and authority being reserved to the Township Board of Trustees, in the manner provided by law.
(Ord. passed 6-28-2006)