In all determinations, the Zoning Board of Appeals shall make a finding of facts describing the reasons for its decision.
(a) Administrative Review. The Zoning Board of Appeals shall hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision, determination or refusal made by the Building Official or by any other administrative official carrying out or enforcing any provision of this Zoning Code, pursuant to the provisions of Act No. 110 of the Public Acts of 2006, as amended.
(b) Interpretation. The Zoning Board of Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Code:
(1) Appeals for the interpretation of the provisions of this Zoning Code;
(2) 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 such subject; and
(3) Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.
(c) Variances.
(1) Nonuse (dimensional) variances: To authorize, upon an appeal, a variance from any dimensional standard or requirement of this chapter, such as, but not limited to, lot area and width regulations, building height and square foot regulations, setback, yard width and depth regulations, off-street parking and loading space requirements, landscaping requirements, sign regulations, and other similar requirements as specified in this Zoning Code, where by reason of unique physical characteristics a specific piece of property at the time of enactment of this Zoning Code or other extraordinary or exceptional conditions of such property, the strict application of such regulations if enacted would result in practical difficulties upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Zoning Code. In granting a variance, the Zoning Board of Appeals may attach conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Zoning Code. In granting a variance, the Zoning Board of Appeals shall state the grounds upon which it justified the granting of a variance. To obtain a nonuse variance, the applicant must submit an affidavit demonstrating a practical difficulty exists, by explaining all of the following:
A. How the property, if developed in strict compliance with the requirements in the Zoning Code, would be prevented from being used for a permitted purpose, or how compliance with the Zoning Code requirements would be unnecessarily burdensome.
B. Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.
C. The conditions and circumstances unique to the property which are not similarly applicable to other properties in the same zoning district.
D. The conditions and circumstances unique to the property which were not created by the owner, or his or her predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.
For each nonuse variance, the variance requested is the minimum necessary to permit reasonable use of the land.
(2) Use variances: The Zoning Board of Appeals may grant a use variance only upon a finding that an unnecessary hardship exists. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. Approval of a use variance shall require an affirmative vote of two-thirds (2/3) or four (4) members of the Zoning Board of Appeals. A finding of an unnecessary hardship shall require demonstration by the applicant of all of the following:
A. Unreasonable current zoning designation: The applicant has demonstrated that the site can not reasonably be used for any of the uses allowed within the current zoning district designation. The Zoning Board of Appeals may require submission of documentation from real estate or market experts, or a certified appraiser, to substantiate this finding.
B. Unique circumstances: The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district. The applicant must prove that there are certain features or conditions of the land that are not generally applicable throughout the zone and that these features make it impossible to earn a reasonable return without some adjustment. In those situations where the difficulty is shared by others, the Zoning Board of Appeals may find that relief should be accomplished by an amendment to the Zoning Code, not a variance.
C. Character of neighborhood: The use variance will not alter the essential character of the neighborhood nor be of detriment to adjacent properties.
D. Not self-created: The problem and resulting need for the variance has not been self-created by the applicant and/or the applicant's immediate predecessor.
For each use variance, the variance requested is the minimum necessary to permit reasonable use of the land.
(3) An application for the approval of a variance shall be made by an owner of an interest in the lot, to the City Clerk, accompanied by the necessary fees and documents as provided in this Zoning Code.
(4) The application shall be accompanied by a site plan, drawn to a scale of one (1) inch equals twenty (20) feet on three (3) acres or less and one (1) inch equals fifty (50) feet on a site over three (3) acres, placed on a standard sheet and containing the following information:
A. Dimensional elements for which a variance is requested.
B. Dimensional relationships of the subject lot to the structures on all adjacent lots.
(d) Approval of Temporary Uses.
(1) The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale showing the following:
A. The shape, location, and dimensions of the lot, including the shape, size, and location of all buildings or other structures already on the lot, the off-street parking layout, and the location of any designated fire lanes.
B. The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot.
C. The anticipated vehicular traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking spaces, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.
(2) A temporary use permit shall only be granted if the Zoning Board of Appeals determines that the proposed use, including the erection of any temporary building or structure, will:
A. Provide adequate light and ventilation between buildings and structures.
B. Provide adequate vehicular and pedestrian traffic flow and adequate off-street parking.
C. Provide adequate lot access for fire protection purposes.
D. Not adversely affect the stability and integrity of the zoning plan prescribed by this Zoning Code or otherwise interfere with the protection of public health, safety, and general welfare.
E. Not be incompatible with or otherwise adversely affect the physical character of the community and, in particular, the surrounding area within a distance of one thousand (1,000) feet.
When the proposed temporary use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district in which the temporary special use is to be located, including all requirements pertaining to lot size, height, setback, open space ratio, maximum percentage of covered lot area, and off-street parking. In no instance shall signs, parking, buildings, produce, or other site features occupy a public right-of-way.
(3) The Zoning Board of Appeals may permit in any Residential District the temporary location of a pre-manufactured building in new subdivisions for the period that active construction is in progress, provided that:
A. The use shall be only for offices for the specific purpose of selling lots or new homes to be erected in the subdivision.
B. All applicable building height, bulk, and area requirements of the district are met.
C. The structure shall be removed from the subdivision upon completion of the first permanently built model home intended for display, but in no case shall the pre-manufactured building remain beyond the time limitation specified above.
In classifying uses as not requiring capital improvement, the Zoning Board of Appeals shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to, golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems, or sanitary connections.
(4) The Zoning Board of Appeals, in granting permits for temporary uses described in paragraphs (d)(1) to (3) hereof, shall do so under the following conditions:
A. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district, nor on the property wherein the temporary use is permitted.
B. The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, the nature of development permitted and arrangements for removing the use at the termination of said temporary permit.
C. All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the City shall be made at the discretion of the Zoning Board of Appeals.
D. The use shall be in harmony with the general character of the area.
(5) No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as provided for in Section 1262.19. Further, the Zoning Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.
(e) Nonconforming Uses and Structures. The Zoning Board of Appeals shall have authority to permit, upon proper application and adequate showing by applicant, an expansion, extension, or enlargement of a nonconforming use or structure, subject to the following conditions and limitations:
(1) No such nonconforming use shall be enlarged, increased, extended, or moved except as permitted by the Zoning Board of Appeals pursuant to authority granted to the Zoning Board of Appeals as set forth in Section 1288.07 of this Zoning Code.
(2) Exterior alterations, expansions, or structural modification involving exterior load-bearing walls shall be subject to review by the Zoning Board of Appeals, in accordance with Section 1288.07. This shall not include normal repair or routine maintenance of exterior surfaces.
(f) Conditional Uses and Planned Unit Developments. The Zoning Board of Appeals shall have the power to review and consider appeals pertaining to decisions on Conditional Uses, including Planned Unit Developments, made by the Planning Commission.
(Res. 2007-02. Passed 7-11-07; Ord. 2009-04. Passed 6-22-09.)