The Board of Appeals shall have the following powers:
(a) Variances and interpretations of zoning map. The Board shall have the power to hear and decide, in accordance with the provisions of this chapter, applications, filed as provided in this article, for variances or interpretation of the zoning map, or for decisions upon other special questions upon which the Board is authorized to pass by this chapter. In considering an application for a variance, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a variance, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular variance, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(b) Other uses. In addition to permitting the variances already specified, the Board shall have the power to permit the following: temporary structures and uses. The Board may authorize the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed in this chapter for the district in which it is located; provided, that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(c) Interpretation of zoning map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Board and a determination shall be made by the Board.
(d) Interpretation of zoning ordinance text. The Board shall have the authority to interpret the text of the City of Flint zoning ordinance; and any such determination on this subject shall be final and appealable to the Circuit Court for the County of Genesee.
(e) Administrative review.
(1) Hearings. The Board shall have the power to hear and decide appeals, filed as provided in this article, where it is alleged by the appellant that there is error in any order, requirements, decision, determination, grant or refusal made by the Building Inspector or other administrative official in the enforcement and interpretation of the provisions of this chapter.
(2) Decisions. The Board shall, within its prescribed authority, have the power to make its own, or reverse, affirm or modify, either in whole or in part, any order, requirement, decision or determination made by the Building Inspector or other administrative official that is before it.
(f) Variances. The Board shall have the power to authorize upon application or appeal in specific cases filed as provided in this article, such variances from the terms, provisions or requirements of this chapter and as otherwise provided in the Code of ordinances as will not be contrary to the public interest; provided, that such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this chapter would result in practical difficulty or unnecessary hardship. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this chapter and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it shall deem to be necessary to enforce compliance with the conditions attached.
(g) Use variance.
(1) Purpose. A use variance allows a use in a zoning district that is otherwise not allowed in that district under the terms of the zoning ordinance. An applicant must show undue hardship to be granted a use variance.
(2) Findings of the Board. No such use variance shall be authorized by the Board unless the Board finds that all the following facts and conditions exist:
a. The property cannot be used (put to a reasonable use) for the purposes permitted in that zone;
b. The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions;
c. That the proposed use will not alter the essential character of the area;
d. The problem was not a self-created hardship; and
e. Issuance of the variance would still ensure that the spirit of the ordinance is observed, public safety secured and substantial justice done.
(h) Nonuse variance.
(1) Purpose. A nonuse variance is a variance relating to the construction, structural changes or alterations of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance. An applicant must show “practical difficulty” to be granted a nonuse variance.
(2) Findings of the Board. No such nonuse variance shall be authorized by the Board unless the Board finds that all the following facts and conditions exist:
a. The standard for which the variance is being granted would unreasonably prevent the owner from using property for a permitted purpose or would render conformity unnecessarily burdensome;
b. The variance is the minimum necessary to provide adequate relief to the applicant and is not so large that it is unfair to similarly situated property owners who managed to comply with the requirements or make do with a smaller variance;
c. The problem is due to circumstances unique to the property and not to general conditions in the area;
d. The problem that resulted in the need for the variance was not a self-created hardship. In this instance “self-created” includes actions by the current owner or past owners of the property; and
e. Issuance of the variance would still ensure that the spirit of the ordinance is observed, public safety secured and substantial justice done.
(i) Expiration of variance.
(1) Variance approval is valid for one year from the date of approval. If the applicant has not established the use in the case of a use variance or pulled a building permit to construct the structure authorized by a nonuse variance, variance approval shall expire. If a building permit is issued within a year of the variance approval but the building is not completed before expiration of the building permit and the permit is not extended, the variance approval shall expire.
(2) A use variance that ceases to be used for 12 consecutive months shall expire. Where applicable, the 12-month period shall begin to run from the date the use variance is approved.
(Ord. 2046, passed 4-11-1968; Ord. 2846, passed 7-26-1982; Ord. 3392, passed 1-11-1999; Ord. 3697, passed 12-10-2007)