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(a) General. The Board has the power to act on matters as provided in this article and Act 267 of the Public Acts of 1921, as amended. The specific powers of the Board are enumerated in the following subsections.
(b) Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant on a matter upon which the Board is required to pass under this Ordinance, or to effect a variation in an ordinance, except that a concurring vote of two-thirds (2/3) of the members of the Board shall be necessary to grant a variance from uses of land permitted in this Ordinance.
A member shall be disqualified from a vote in which there is a conflict of interest. Failure of a member to disclose a conflict of interest and be disqualified from a vote shall constitute misconduct in office. Additionally, a BZA member who also sits on the Planning Commission is prohibited from participating in a public hearing or voting on the same matter that they voted on with the other body.
(c) Administrative Review. The Board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit decision, or refusal made by the Zoning Administrator or other duly authorized enforcing agent in enforcing any provision of this Zoning Ordinance.
(d) Interpretation.
(1) The Board shall hear and decide requests for interpretation of this Zoning Ordinance or the zoning map, taking into consideration the intent and purpose of this Zoning Ordinance and the Master Plan.
(2) A record shall be kept by the Board of all decisions for interpretation of this Zoning Ordinance or the zoning map and land uses which are approved under the terms of this Zoning Ordinance. The Board shall request the Planning Commission to review any ordinance amendment it deems necessary.
(e) Variance. Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this Zoning Ordinance, whereby extraordinary or exceptional conditions exist for with the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon, the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Zoning Ordinance. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Zoning Ordinance. Further, in granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance as outlined below. When granting any variance, the Board must ensure that the spirit of this Zoning Ordinance is observed, public safety secured, and substantial justice done.
(1) Use Variances. The applicant must present evidence to show that if the Zoning Ordinance is applied strictly, unnecessary hardship to the applicant will result, and that all four (4) of the following requirements are met:
A. That the property could not be reasonably used for the purposes permitted in that zoning district;
B. That the appeal results from unique circumstances peculiar to the property and not from general neighborhood conditions;
C. That the use requested by the variance would not alter the essential character of the area; and
D. That the alleged hardship has not been created by any person presently having an interest in the property.
(2) Non Use Variances. The applicant must present evidence to show that if the Zoning Ordinance is applied strictly, practical difficulties will result to the applicant, including all four (4) of the following:
A. The restrictions of this Zoning Ordinance unreasonably prevent the owner from using the property for a permitted purpose or would render conformity unnecessarily burdensome;
B. The variance would do substantial justice to the applicant as well as to other property owners in the district and a lesser relaxation than that requested would not give substantial relief to the owner of the property and be more consistent with justice to other property owners;
C. The plight of the landowner is due to the unique circumstances of the property.
D. The alleged hardship has not been created by any person presently having an interest in the property.
(a) An applicant requesting any action by the Board shall commence such request by filing a notice of appeal on the form supplied by the City, accompanied by such appeal fee as determined by the City Council, and all plans, studies and any other information and data as applicable, all of which shall be made a part of the record.
(b) Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the applicant within thirty (30) days of the date of the order issuance or refusal to issue a permit.
(c) The Board shall fix a time for a hearing on the appeal, and shall notify the applicant of the time and place of such hearing. Notice of the public hearings shall be sent no less than fifteen (15) days before the hearing to the persons to whom real property is assessed within three hundred (300) feet of the boundary of the property for which the appeal is being sought. Notices will also be sent by mail or personal delivery to the occupants of structures located within three hundred (300) feet of the property in question. The same notice shall be published in a newspaper of general circulation within the City no less than fifteen (15) days before the hearing. If the tenant's name is unknown, the term "occupant" may be used. The notice shall:
(1) Describe the nature of the variance request(s);
(2) Indicate the property that is the subject of the variance request(s);
(3) State when and where the public hearing for the variance request(s) will be held; and
(4) Indicate when and where written comments will be received concerning the variance request(s).
(d) Any person may appear at the public hearing or be represented by an agent or attorney, and present any evidence in support of their appeal. The Board of Zoning Appeals shall have the power to require the attendance of witnesses, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the Board of Zoning Appeals.
(e) The Board shall not decide an appeal until after a public hearing.
(f) The Board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and 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.
(g) The Board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:
(1) Be designed to protect natural resources, public health, safety, and welfare and the social and economic well being of those who will use the land, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(2) Be related to the valid exercise of the police power, and purposes, which are affected by the proposed use or activity.
(3) Be necessary to meet the intent and purpose of this Zoning Ordinance, be related to the standards established in this Zoning Ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this Zoning Ordinance, enforceable as such and/or may be grounds for revocation or reversal of such decision.
(h) All decisions of the Board shall be in writing, and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.
(i) Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct and the conditions upon which the decision was based are maintained.
(j) The Board may reconsider an earlier decision, if, in the opinion of the Board, circumstances justify taking such action.
(k) No order of the Board of Zoning Appeals permitting the erection or alteration of a building shall be valid for a period of longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
No order of the Board of Zoning Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year, unless such use is established within such period. Provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.
(l) Any person or persons, or any board or department of the City, having an interest affected by a decision of the Board, shall have the right to appeal to the circuit court on questions of law and fact. Such appeal must be filed in writing within thirty (30) days after the Boards decision has been certified in writing or the Board approves the minutes of its decisions. A request for reconsideration under subsection (j) above shall not toll the time for taking such appeal. In the event a request for reconsideration is granted, the time period for appeal shall commence upon the date of the approval of the minutes of the meeting where the appeal was reconsidered. In any event, only one (1) request for reconsideration on each appeal shall be allowed.
ARTICLE 13
AMENDMENTS AND CHANGES TO THE ZONING ORDINANCE
AMENDMENTS AND CHANGES TO THE ZONING ORDINANCE
The City Council may, from time to time, on its own motion, on recommendation of the Planning Commission, or on petition, after public notice, hearing and report by the Planning Commission as provided by law, amend, supplement or change the boundaries or regulations herein or subsequently established herein pursuant to the authority and procedure established in Act 110 of the Public Acts of the State of Michigan of 2006, as amended.
At least one (1) public hearing shall be held by the Planning Commission, and a report made thereon, before the City Council shall adopt any amendment to this Ordinance or the maps adopted hereunder. Not less than fifteen (15) days notice of the time and place of the public hearing shall first be published in a paper of general circulation in the City, and not less than fifteen (15) days notice of the time and place of the public hearing shall first be given by mail to each person to whom real property is assessed within three hundred (300) feet of the boundary of the property for which the appeal is being sought. Notices will also be sent by mail or personal delivery to the occupants of structures located within three hundred (300) feet of the property in question. If the tenant's name is not know, the term "occupant" may be used. The notice shall:
(1) Describe the nature of the special land use request;
(2) Indicate the property that is the subject of the special land use request;
(3) State when and where the special land use public hearing will be held; and
(4) Indicate when and where written comments will be received concerning the request.
An affidavit of mailing shall be maintained. A hearing shall be granted to any person interested at the time and place specified on the notice.
A summary of the comments submitted at the public hearing shall be transmitted with the report of the Planning Commission to the City Council. The City Council may hold additional public hearings if it considers it necessary. After receipt of the Planning Commission's report, the City Council may adopt the proposed amendment, with or without amendments, or refer the proposed amendment again to the Planning Commission for further consideration.
Upon presentation of a protest petition meeting the requirements hereinafter set forth, an amendment to the Zoning Ordinance which is the object of the petition shall be passed only by a two-thirds (2/3) vote of the City Council. The protest petition shall be presented to the City Council before final legislative action on the amendment, and shall be signed by one (1) of the following:
(a) The owners of at least twenty (20) percent of the area of the land included in the proposed change.
(b) The owners of at least twenty (20) percent of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of the land included in the proposed change. Publicly owned land shall be excluded in calculating this twenty (20) percent land area requirement.
ARTICLE 14
REPEAL OF EXISTING ZONING ORDINANCE
REPEAL OF EXISTING ZONING ORDINANCE
The existing zoning regulations of the City of Howell being the City of Howell Zoning Code are hereby repealed. The adoption of this Ordinance, however, shall not affect or prevent any pending or future prosecution of, or action to abate, any existing violation of the aforementioned Code, as amended, if the use so in violation is in violation of the provisions of this Ordinance.
APPENDIX
Figure 1 Basement Definition
Figure 2 Measuring Building Height
Figure 3 Grade
Figure 4 Parking Lot Landscaping - Perimeter Parking Lot
Figure 5 Screening Between Conflicting Land Uses
Figure 6 Greenbelt Buffer
Figure 7 Lot Types
Figure 8 Lot Lines, Width, Depth
Figure 9 Parking (54° - 90°)
Figure 10 Parking (30° - 53°)
Figure 11 Parallel Parking
Figure 12 Off-Street Stacking Spaces and Lanes for Drive-Through Facilities
Figure 13 Setbacks
Figure 14 Story Definition
Figure 15 Visibility at Intersections
Figure 16 Parking Lot Landscaping - Interior Parking Areas
Figure 17 Site Landscaping
Figure 18 Trash Container Screening
