Variances and appeals shall be granted only in accordance with Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, and based on the findings set forth in this section. The Board of Appeals shall review each case under at least one of the following provisions, as determined by the Board of Appeals.
(A) Criteria applicable to variances. Variances to the standards of this chapter shall be granted only where the Board of Appeals finds that a request for a variance satisfactorily meets all of the following criteria.
(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. The nonconforming condition of adjacent or nearby properties does not constitute a circumstance justifying the granting of a variance.
(5) No safety hazard or nuisance. The granting of a variance 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 development permitted upon granting of a variance will relate harmoniously in a physical and economic sense with adjacent land 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 development, and the need for particular services and facilities in specific areas of the village.
(B) Criteria applicable to appeals.
(1) The Board of Appeals shall reverse an order of the Zoning Official or other Enforcement Official only if it finds that the action or decision appealed meets one or more of the following conditions:
(a) The action or decision was arbitrary or capricious;
(b) The action or decision was based on an erroneous finding of a material fact;
(c) The action or decision constituted an abuse of discretion; or
(d) The action or decision was based on erroneous interpretation of this chapter or zoning law.
(2) Appeals to a denial of Board of Appeals may be taken to County Circuit Court.
(C) Exceptions.
(1) To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the zoning map, and for situations on which this chapter specifically authorizes the Board of Appeals to act;
(2) Any exception shall be subject to such conditions as the Board of Appeals may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:
(a) Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts accompanying and made part of this chapter, where sheet layout actually on the ground varies from the street layout as shown on the map aforesaid;
(b) Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements;
(c) Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is shaped such or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification;
(d) Permit modification of obscuring wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development; and
(e) Permit, upon proper application, the following character of temporary use, not otherwise permitted by § 157.052, not to exceed 12 months with the granting of one 12-month extension being permissible for uses which do not require the erection of any capital improvement of a structural nature.
(3) The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions.
(a) The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.
(b) The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted, and arrangements for removing the use at the termination of said temporary permit.
(c) All setbacks, land coverage, off-street parking, 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 village, shall be made at the discretion of the Board of Appeals.
(d) In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; 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.
(e) The use shall be in harmony with the general character of the district.
(f) No temporary use permit shall be granted without first giving notice to owners of adjacent property and all owners of record listed in the latest assessment roll of the village located within 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 chapter. Further, the Board of Appeals of Zoning Appeals shall seek the review and recommendation of the Planning Commission and/or Zoning Commission, as required, prior to the taking of any action.
(D) Votes required.
(1) The concurring votes of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of applicant in matter upon which is authorized by this chapter to render a decision.
(2) Nothing contained herein shall be construed to give or grant to the Board of Appeals the power or authority to alter or change this chapter or the zoning map.
(Ord. 259, passed 10-24-1995; Ord. 275, passed 5-13-1997; Ord. passed 2-1-2012) Penalty, see § 157.999