(A) General. The Board has the power to act on matters as provided in this chapter and Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended. The specific powers of the Board are enumerated in the following divisions of this section.
(B) Voting.
(1) The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirements, decision, or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the Board is required to pass under an ordinance, or to effect a variation in an ordinance except that a concurring vote of two-thirds of the members of the Board shall be necessary to grant a variance from uses of land permitted in an ordinance.
(2) A member shall be disqualified from a vote in which a conflict of interest exists. Failure of a member to disclose a conflict of interest and be disqualified from a vote shall constitute malfeasance in office.
(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 chapter.
(D) Interpretation.
(1) The Board shall hear and decide requests for interpretation of this chapter or the zoning map taking into consideration the intent and purpose of the ordinance and the Master Plan.
(2) A record shall be kept by the Board of all decisions for interpretation of this chapter or zoning map and land uses which are approved under the terms of this section. The Board shall request the Planning Commission to review any ordinance amendment it deems necessary.
(E) Variances.
(1) Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this chapter, whereby extraordinary or exceptional conditions of such property, 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 chapter. 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 chapter. 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 the ordinance is observed, public safety secured, and substantial justice done.
(2) The applicant must present evidence to show that if this chapter is applied strictly, practical difficulties will result to the applicant and that:
(a) The ordinance restrictions unreasonably prevent the owner from using the property for a permitted purpose;
(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 or be more consistent with justice to other property owners;
(c) The plight of the landowner is due to the unique circumstances of the property; and
(d) The alleged hardship has not been created by any person presently having an interest in the property.
(Ord. 285, passed 12-8-2003; Ord. 363, passed 6-8-2015)