Variances and appeals shall be granted only in accordance with Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended, and based on the findings set forth in this subchapter. The extent to which the following criteria apply to a specific case shall be determined by the Board.
(A) Criteria applicable to variances.
(1) Practical difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance.
(2) Substantial justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.
(3) Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of these regulations will be observed and public safety and welfare secured.
(4) Extraordinary circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created.
(5) Preservation of property rights. A variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same zoning district.
(6) No safety hazard. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety.
(7) No impact on land values. The granting of a variance or appeal will not unreasonably diminish or impair the value of surrounding properties.
(8) Neighborhood character. The granting of a variance or appeal will not alter the essential character of the neighborhood.
(9) Light and air. The granting of a variance or appeal will not impair the adequate supply of light and air to adjacent property.
(10) Promotes orderly development. The size, character and location of a development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.
(11) Traffic flow. A development permitted upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.
(12) No nuisance impacts. A development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights, or other undesirable impacts on surrounding properties.
(13) Impact on adjacent properties. The location, design, and height of buildings, structures, fences, or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use, or value of adjacent land or buildings.
(14) Relationship to adjacent land uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particu1ar services and facilities in specific areas of the city.
(B) Criteria applicable to use variances.
(1) The Zoning Board of Appeals shall not grant a use variance unless it finds that an unnecessary hardship exists, in accordance with the following criteria
(a) Reasonable use. The Zoning Board of Appeals must find that the property in question cannot reasonably be put to a conforming use if used in strict compliance with this chapter.
(b) Unique circumstances. The Zoning Board of Appeals must find that the plight of the property owner is due to unique circumstances and not general neighborhood conditions.
(c) Essential character of the area. The Zoning Board of Appeals must find that the use variance, if granted, will not alter the essential character of the area or neighborhood.
(d) Self-created problem. The Zoning Board of Appeals must find that the hardship upon which the use variance is based is not self-created.
(2) A use variance shall not be construed as a change in the zoning of the property, nor shall it be construed as an addition to the uses permitted in a district.
(C) Criteria applicable to appeals. The Board shall reverse an order of an enforcement official only if it finds that the action or decision appealed:
(1) Was arbitrary or capricious;
(2) Was based on an erroneous finding of a material fact;
(3) Constituted an abuse of discretion;
(4) Was based on erroneous interpretation of the Zoning ordinance or zoning law.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999