Variances and appeals
be granted only in accordance with Public Act 110 of 2006, the Michigan Zoning Enabling Act, M.C.L.A. §§ 125.3101 et seq., as amended, and based on the findings set forth in this section.
a. Criteria Applicable to Dimensional (area or non-) Variances. A dimensional is an approved deviation from any dimensional standard or requirement of this Ordinance, such as, but not limited to, , , building or height, building size, , parking, lighting or . The extent to which the following criteria apply to a specific case be determined by the Board of Zoning Appeals, however, at least one of the applicable criteria must be found by the Board of Zoning Appeals.
(Amended 6-10-1998)
1. Practical Difficulties: Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, , , or other dimensional provisions would create practical difficulties, unreasonably prevent the of the for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a .
2. Substantial Justice: Granting of a requested or appeal would do substantial justice to the applicant as well as to other owners in the ; or, as an alternative, granting of lesser than requested would give substantial relief to the of the involved and be more consistent with justice to other owners.
3. Public Safety and Welfare: The requested 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 involved or to the intended of the that do not apply generally to other properties or other similar uses in the same zoning . The conditions resulting in a request cannot be self-created.
5. No Safety Hazard or Nuisance: The granting of a or appeal will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance.
6. Relationship to Adjacent Land Uses: The permitted upon granting of a relate harmoniously in a physical and economic sense with adjacent uses and will not alter the essential character of the neighborhood. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of , and the need for particular services and facilities in specific areas of the City.
b. Criteria Applicable to Use Variances. A is requested when the proposed by an applicant is not listed as either permitted or as a in the in which the is located. In granting a , the Board of Zoning Appeals determine that all of the following factors are present, or require conditions to ensure the criteria below are met.
(Amended 6-10-1998)
1. Criteria for Dimensional Variance. The request meets all of the criteria for a dimensional listed in Section 2904, a.
(Amended 6-10-1998)
2. Conformance with Master Plan. The proposed is consistent with the uses called for in the for the subject , or that conditions on site design and operations ensure such is compatible with the planned uses in the vicinity.
(Amended 6-10-1998)
3. Compatibility with Surrounding Land Uses. The proposed is compatible with existing or planned uses on surrounding properties. The Zoning require a sketch plan or , as applicable, and may request a recommendation from the , to assist with this finding.
(Amended 6-10-1998)
4. Unreasonable Current Zoning Designation. The applicant has demonstrated that the site can not reasonably be used for any of the uses allowed within the current zoning designation. The Zoning require submission of documentation from or market experts, or a certified appraiser, to substantiate this finding.
(Amended 6-10-1998)
5. Capacity of Roads, Infrastructure and Public Services. The capacity and operations of public streets, utilities, other facilities and services will not be significantly compromised.
(Amended 6-10-1998)
6. Unnecessary Hardship. An unnecessary hardship exists on the subject site due to very unique circumstances.
(Amended 6-10-1998)
7. Minimum Variance Necessary. The requested is the minimum necessary to permit reasonable of the .
(Amended 6-10-1998)
c. Criteria Applicable to Appeals: The Board of Zoning Appeals reverse an order of an Enforcement Official only if it finds that the action or decision appealed:
(Amended 6-10-1998)
1. was arbitrary or capricious, or
2. was based on an erroneous finding of a material fact, or
3. constituted an abuse of discretion, or
4. was based on erroneous interpretation of the Zoning Ordinance or zoning
.
5. Appeals from Denial of Board of Zoning Appeals of Zoning Appeals
be taken to Genesee County Circuit Court.
d. Interpretations and Exceptions: To hear and decide, in accordance with the provisions of this Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for situations on which this Ordinance specifically authorizes the Board of Zoning Appeals to act. Any exception be subject to such conditions as the Board of Zoning Appeals require to preserve and promote the character of the zoning in question and otherwise promote the purpose of this Ordinance, including the following:
(Amended 6-10-1998)
1. Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the
. Interpret boundaries of the Zoning Map where the actual alignment of streets or
used to separate zoning districts varies from the alignment shown on the Zoning Map, or where the zoning
boundary does not follow exact
.
(Amended 6-10-1998)
2. Permit the modification of the
or
requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.
3. Permit modification of obscuring wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent
.
(Amended 6-10-1998)
4. Permit, upon proper application, a temporary
not otherwise permitted by Section 332 for a maximum of twelve (12) months. The Zoning
grant one (1) twelve-month extension if requested in writing by the operator or
prior to expiration of the original approval.
(Amended 6-10-1998)
The Board of Zoning Appeals, in granting permits for the above
,
do so under the following conditions:
1. The granting of the temporary
in no way constitute a change in the basic uses permitted in the
nor on the
wherein the temporary
is permitted.
2. The granting of the temporary
be granted in writing, stipulating all conditions as to time, nature of
permitted and arrangements for removing the
at the termination of said temporary permit.
3. All setbacks,
coverage,
, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City,
be made at the discretion of the Board of Zoning Appeals.
4. In classifying uses as not requiring capital improvement, the Board of Zoning Appeals
determine that they are either demountable structures related to the permitted
of the
; recreation developments, such as, but not limited to: golf-driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.
5. The
be in harmony with the general character of the
.
6. No temporary
permit
be granted without first giving notice to owners of adjacent
and all owners of record listed in the latest assessment roll of the City located within three hundred (300) feet of the area of the request of the time and place of a Public Hearing to be held as further provided for in this Ordinance. Further, the Board of Zoning Appeals of Zoning Appeals shall seek the review and recommendation of the
prior to the taking of any action.
e. Votes required: The concurring votes of four (4) members of the Board of Zoning Appeals
be necessary to reverse any order, requirement, decision, or determination of Applicant in matter upon which is authorized by this Ordinance to render a decision. Nothing contained herein shall be construed to give or grant to the Board of Zoning Appeals the power or
to alter or change this Ordinance or the Zoning Map.