(A) Generally. The Board has the power to act on matters as provided in this chapter and by the Michigan Zoning Enabling Act, Public Act 110 of 2006. The specific powers of the Board are enumerated in the following provisions of §§ 151.205 et seq.
(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 2/3 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 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.
(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 this chapter and the general development plan.
(2) (a) 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.
(b) The Board shall request the Planning Commission to review any ordinance amendment it deems necessary.
(E) Variances. Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this chapter, whereby extraordinary or exceptional conditions of the 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 the property, provided the 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 the 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 this chapter is observed, public safety secured, and substantial justice done.
(1) Use variance. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. The applicant must present evidence to show that, if this chapter is applied strictly, unnecessary hardship to the applicant will result, and that all 4 of the following requirements are met:
(a) That the property could not be reasonably used for the purposes permitted in that zone;
(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) Nonuse or area variance. A nonuse or area variance is a variance from any dimensional standard or requirement of this chapter, such as, but not limited to, a deviation from density, height, bulk, setback, parking, landscaping and signage standards and requirements. The applicant must present evidence to show that if this chapter is applied strictly, practical difficulties will result to the applicant and:
(a) That the chapter restrictions unreasonably prevent the owner from using the property for a permitted purpose;
(b) That 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) That the plight of the landowner is due to the unique circumstances of the property; and
(d) That the alleged hardship has not been created by any person presently having an interest in the property.
(Ord. 239, passed 3-5-2001, § 11.4; Am. Ord. 278, passed 9-19-2011)