(A) Application to the Zoning Board of Appeals. Variances and appeals for which Zoning Board of Appeals action is sought shall be commenced by a person filing an application to the Zoning Board of Appeals on forms as specified by the Zoning Administrator and accompanied by required fees. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signature of the property owner or owner's agent. Applications involving a request for a variance shall specify the section number(s) containing the standards from which a variance is sought and the nature and extent of the variance.
(B) Plot plan requirements.
(1) Applications involving a specific site shall be accompanied by a plot plan drawn to scale that includes the following information, where applicable.
(a) Applicant’s name, address, and telephone number.
(b) Property identification (sidwell) number, scale, northpoint, and dates of submission and revisions.
(c) Zoning classification of petitioner’s parcel and of all abutting parcels.
(d) Existing lot lines, building lines, structures, parking areas, driveways and other improvements on the site and within 50 feet of the site.
(e) For variances from any dimensional standard of these regulations, the plot plan shall include verified measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is being sought.
(f) Any additional information required by the Zoning Administrator or the Zoning Board of Appeals to make the determination requested herein.
(2) Where an application to the Zoning Board of Appeals involves a variance sought in conjunction with a site plan review by the Planning Commission, the application data requirements for site plan review, as set forth in § 154.402, shall be followed.
(C) Review by the Zoning Board of Appeals.
(1) The Zoning Administrator shall forward the application, along with any supporting materials and plans, to the Zoning Board of Appeals.
(2) The Zoning Administrator or the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or variance request, give due notice to the parties to whom real property within 300 feet of the premises in question is assessed, and to occupants of one or two-family dwellings within 300 feet, and decide the appeal or variance within a reasonable time. At the hearing, a party may appear in person or by agent or by attorney.
(D) Decision by the Zoning Board of Appeals.
(1) The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the administrative official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to affect any variation in an ordinance adopted pursuant to Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended.
(2) The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. To that end, the Zoning Board of Appeals shall have all the powers of the officer or body from whom the appeal was taken, and may issue or direct the issuance of a permit. With an affirmative decision, the Board may impose conditions pursuant to Section 4c(2)(a) of Public act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended. The decision of the Zoning Board of Appeals shall be final, but any person having an interest affected by a decision of the Board may appeal to circuit court.
(E) Record of decision and order.
(1) The Zoning Beard of Appeals shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include the following.
(a) The relevant administrative records and the administrative orders issued thereon relating to the appeal.
(b) The notice of the appeal.
(c) Such documents, exhibits, plans, photographs, or written reports as may be submitted to the Board for its consideration.
(2) The written findings of fact, the decisions, and the conditions imposed by the Zoning Board of Appeals in acting on the appeal shall be entered into the official record, after being signed by the secretary of the Board.
(F) Approval period. If construction has not commenced within 24 months after the Zoning Board of Appeals grants a variance to permit the erection or alteration of a building, then the variance becomes null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the Planning Commission.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999