The Board of Zoning Appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a Zoning Board of Appeals. The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Zoning Code, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit, and to authorize a variance, as defined in this section and the laws of the State of Michigan. Said powers include:
(a) Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Community Development Director or any other administrative official in carrying out or enforcing any provisions of this Zoning Code.
(b) Variances.
(1) To authorize, upon an appeal, a variance from the strict application of the provisions of this Zoning Code, in accordance with the standards, requirements, and procedures of this chapter.
(2) The Board of Zoning Appeals, after a public hearing, shall have the power to grant requests for variances from the provisions of this Zoning Code where it is demonstrated by the applicant that there are practical difficulties in the way of carrying out the strict letter of the Zoning Code relating to the construction, placement, or alteration of buildings or structures so that the spirit of the Code shall be observed, public safety secured, and substantial justice done.
(3) The Board of Appeals may also authorize, upon appeal, variances from the strict application of Chapter 1284, "Signs" of Title 6, Zoning" of Part Twelve, "Planning and Zoning" of the Codified Ordinances of the City of Ionia. In considering requests for variances from Chapter 1284, the Board of Zoning Appeals shall apply the standards for non-use (dimensional) variances, per subsection A. below.
A. Non-Use (Dimensional) Variance. A use variance may be allowed by the Board Zoning of Appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and that all of the following conditions are met:
1. That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district;
2. That the condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent nature as to make reasonably practical the formulation of a general regulation for such conditions or situations. Unique circumstances include: exceptional narrowness, shallowness, or shape of a specific property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure or by reason of the use or development of the property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties;
3. That such variance in necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance;
4. The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood;
5. The variance will not impair the intent and purpose of this section;
6. That the immediate practical difficulty causing the need for the variance request was not created by action of the applicant.
B. Use Variance. Subject to other provisions of this Zoning Code, the Board of Zoning Appeals shall have the jurisdiction to decide applications for use variances. The Board of Zoning Appeals shall not grant a use variance unless it finds that unnecessary hardship will occur unless the variance is granted. Additionally, the Board of Zoning Appeals shall not grant a use variance unless two-thirds (2/3) of the total membership of the Board of Zoning Appeals finds that all of the following standards below are met.
1. That the building, structure, or land cannot be reasonably used for any of the uses permitted by right or special approval in the zone district in which it is located;
2. That the condition or situation of the specific piece of property or the intended use of such property for which the variance is sought is not so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations. Unique circumstances include: exceptional narrowness or shape of a specific property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure or by reason of the use or development of the property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would cause unnecessary hardship;
3. That the proposed use would not alter the essential character of the neighborhood.
(c) Exceptions and Special Approvals. To hear and decide in accordance with the provisions of this Zoning Code, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this Zoning Code specifically authorizes the Board to pass. Any exception or special approval shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this Zoning Code, including the following:
(1) Interpret the provisions of this Zoning Code 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 Zoning Code, where street layout actually on the ground varies from the street layout as shown on the Map aforesaid.
(2) Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.
(3) 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.
(4) Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.
(5) Permit temporary buildings and uses for periods not to exceed one year in undeveloped sections of the City, and for periods not to exceed six months in developed sections.
(6) Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed twelve months, with the granting of a twelve-month extension being permissible: uses which do not require the erection of a structure or any capital improvement of a structural nature.
The Board of Zoning 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 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 public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City of Ionia, shall be made at the discretion of the Board of Zoning Appeals.
D. In classifying uses as not requiring capital improvement, the Board of Zoning 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 of the time and place of a public hearing to be held as further provided for in this Zoning Code. Further, the Board of Zoning Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.
(7) Permit modification of wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development.
(8) In consideration of all appeals and all proposed variations to this Zoning Code, the Board shall, before making any variations from this Zoning Code in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase danger of fire or endanger public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City of Ionia. The concurring vote of a majority of the members of the Zoning Board of Appeals is necessary to reverse an order, requirement decision, or determination of the Community Development Director, to decide in favor of the applicant on a matter upon which the Zoning Board of Appeals is required to pass under the zoning ordinance or to grant a non-use variance in the zoning ordinance. The concurring vote of four members of the Board shall be necessary to decide in favor of the applicant any use variance. Nothing herein contained shall be construed to give or grant to the Board the power of authority to alter or change this Zoning Code or the Zoning Map, such power and authority being reserved to the Mayor and the City Council of the City of Ionia, in the manner provided by law.
(Ord. 554. Passed 8-3-21; Ord. 560. Passed 1-4-22.)