The Board of Appeals shall have the following powers and it shall be its duty:
(A) To hear and decide on all matters referred to it upon which it is required to pass under this chapter.
(B) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter.
(C) In hearing and deciding appeals the Board of Appeals shall have the authority to grant such variance therefrom as may be in harmony with their general purpose and intent so that the function of this chapter be observed, public safety and welfare secured, and substantial justice done, including the following:
(1) Interpret the provisions of the 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 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 in any use district for public utility purposes.
(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 2 years in undeveloped sections of the city and for periods not to exceed 6 months in developed sections.
(D) To hear and decide variance requests as set forth in section M.C.L.A. § 125.3604 of the Zoning Enabling Act. However, this shall not include the authority to grant use variances.
(E) In consideration of all appeals and all proposed variations to this chapter, the Board of Appeals shall, before making any variations from the chapter 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 the danger of fire or endanger the public safety, or 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. The concurring vote of 3 members of the Board of Appeals shall be necessary to reverse any order, requirements, decision, or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.
(F) Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to alter or change the Zoning Ordinance or the Zoning Map, such power and authority being reserved to the City Commission of the City of Marine City in the manner provided by law.
(G) To obtain a variance from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, off-street parking and loading space regulations, sign regulations and other similar requirements as specified in this Ordinance, the applicant must submit an affidavit indicating that a "practical difficulty" exists by demonstrating all of the following:
(1) That the strict enforcement of the provisions of the Zoning Ordinance would cause practical difficulties and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district or render conformity with such restrictions unnecessarily burdensome.
(2) That the conditions and circumstances are unique to the property and are not similarly applicable to other properties in the same zoning district.
(3) That the conditions and circumstances unique to the property were not created by the owner, or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.
(4) That the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.
(5) That the requested variance will not be contrary to the spirit and intent of this Zoning Ordinance.
(Prior Code, App., § 1603) (Ord. 78-10, passed 1-4-1979; Am. Ord. 07-04, passed 7-19-2007; Am. Ord. 2019-002, passed 2-21-2019)