(A) The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, except as specifically provided for in this section, nor to make any changes in the terms of this chapter, but does have the power to act on those matters where this chapter provides for an administrative review, or interpretation, and to authorize a variance as defined in this section and laws of the State of Michigan.
(B) These 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 Building Official or
any other administrative official in carrying out or enforcing any provisions of this chapter.
(2) Interpretation. To hear and decide in accordance with the provisions of this chapter:
(a) Appeals for the interpretation of the provisions of this chapter; and
(b) Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on the subject.
(3) Variances. The Zoning Board of Appeals shall have the power to authorize, upon appeal, specific variances from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, such requirements as off-street parking and loading space and sign regulations, and other similar requirements as specified in the ordinance. To obtain a variance, the applicant must show “practical difficulty,” by demonstrating:
(a) Whether strict compliance with area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome;
(b) Whether a variance would do substantial justice to the applicant, as well as to other property owners in the district, or whether a lesser relaxation would give substantial relief and be more consistent with justice to others;
(c) Whether the plight of the owner is due to the unique circumstances of the property; and
(d) Whether the problem is self-created.
(4) Appeals of Planning Commission decisions on site plan review and special condition use requests.
(a) The Zoning Board of Appeals is authorized to hear appeals of decisions by the Planning Commission on site plans and the Township Board on special condition use requests.
(b) The Zoning Board of Appeals’ authority is limited to review to determine if the Planning Commission or Township Board properly applied the zoning ordinance requirements to the application as presented to them. For this purpose, the Zoning Board of Appeals should base its considerations on the record created by the body the appeal is taken from, although the Zoning Board of Appeals may supplement that record with additional testimony if necessary.
(5) Miscellaneous permits. The Zoning Board of Appeals may grant permits for temporary uses and activities, where authorized in this chapter and subject to the requirements stated therein, after full consideration of the general intent of this chapter. Permits shall be required for but not limited to the holding of circuses, carnivals and special events generating large crowds.
(6) Exceptions and other special approvals. The Zoning Board of Appeals shall review and take action on exceptions and special approvals listed below:
(b) Permit construction of accessory structures as permitted in § 152.027 for any nonconforming single-family home site in any zoning district; and
(c) Permit an extension of approved plans affected by amendments to this chapter for up to 1 year.
(Ord. § 25.02, passed 5-22-1997; Am. Ord. 397, passed 10-11-2001)