(A)
The concurring vote of a majority of the members of the Zoning Board of Appeals is necessary to reverse an order, requirement, decision, or determination of the administrative official or body or to decide in favor of the applicant on a matter upon which the Zoning Board of Appeals is required to pass under the Zoning Ordinance or to grant a variance to the Zoning Ordinance, except that a concurring vote of two-thirds of the members of the Zoning Board of Appeals shall be necessary to grant a variance from the uses of land permitted in this chapter. A copy of the Board's decision shall be transmitted to the applicant or appellant and to the Director of Public Works. Such decision shall be binding upon the Director of Public Works and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Board. The decision of the Board shall be final.
(B) The Board, after public hearing, shall have the power to decide applications, filed as hereafter provided, for variances:
(1) Where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant, or refusal made by the Director of Public Works or other administrative officer in the carrying out or enforcement of the provisions of this chapter;
(2) Where there are practical difficulties (dimensional variance) or unnecessary hardship (use variance) in the way of carrying out the strict letter of this chapter relating to the construction, structural changes in equipment, or alterations of buildings or structures, or the use of land, building, or structures, so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.
(C) A dimensional variance from the provisions or the requirements of this chapter shall be authorized only upon an affirmative finding by the Board, based upon competent material and substantial evidence on the whole record, that the following criteria required by state law (MCL 125.3604(7)) are all satisfied:
(1) That there are practical difficulties in complying with the requirements of this chapter with respect to the dimensional characteristics of the property in question because of exceptional or extraordinary physical conditions involving land, a building or structure, or any of them. A practical difficulty may include the exceptional narrowness, shallowness, shape or area of land; exceptional conditions in the elevations of land; the presence of unbuildable areas such as wetlands or a floodplain; or other exceptional or extraordinary physical condition of the property. The exceptional or extraordinary condition alleged by the applicant shall apply only to the dimensional characteristics of the property, but shall not apply to the applicant personally. An applicant's alleged economic hardship or potential for financial profit shall not be grounds for the granting of a dimensional variance.
(2) The practical difficulties in carrying out the provisions or requirements of this chapter shall not have been created by or resulted from the actions of the current owner or any previous owner of the property.
(3) Authorizing a variance will not be contrary to the spirit and purpose of this chapter.
(4) A non-conforming structure, lot or use of the property and/or a nonconforming structure, lot or use on neighboring properties shall not, in itself, be considered grounds for granting a variance.
(5) A dimensional variance, if granted, shall be the minimum necessary variance in order to grant relief from the practical difficulty alleged by the applicant.
(D) A use variance request shall be subject to the following requirements and criteria. In addition to the information required for dimensional variance requests, an application for a use variance shall include a plan drawn to scale detailing the specific use and improvements proposed by the applicant, and a summary of the facts which support each of the following conclusions:
(1) Applicant's property cannot be used for the purposes permitted in the zoning district;
(2) Applicant's plight is due to unique circumstances peculiar to his property and not to general neighborhood conditions;
(3) Applicant's suggested use would not alter the essential character of the area;
(4) Applicant's problem in carrying out the provisions or requirements of this chapter shall not have been created by or result from the actions of the applicant or of any previous owner of the property;
(5) Unavailability of administrative relief which may afford reasonable use of applicant's property.
(E) Any party aggrieved by a decision of the Zoning Board of Appeals may appeal to the Circuit Court.
(Ord. effective 11-29-2013; Ord. effective 1-1-2022; Ord. effective 1-29-2022; Ord. effective 12-1-2022)