(a) The Zoning Board of Appeals as established by the City shall hear and decide appeals and requests for variances from the requirements of this article.
(b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Director of Building and Safety Inspections in the enforcement or administration of this article.
(c) Those aggrieved by the decision of the Zoning Board of Appeals may appeal the decision to the Circuit Court for Genesee County, as provided by construction, case law and statutes of the State of Michigan.
(d) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;
(4) The importance of services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed used which is not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and flood plain management program of that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.
(e) Upon consideration of the factors enumerated in § 50-178, and the purpose of this article, the Zoning Board of Appeals may attack such conditions to the granting of variances as it deems necessary to further the purpose of this article.
(f) The Zoning Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request.
(Ord. 2787, passed 12-22-1980)