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(A) Authorization.
(1) Changing technology in the field of communications has resulted in reliance upon more versatile convenient forms of communication.
(2) Businesses, individuals and government have all developed a strong dependence upon the ability to quickly contact others.
(3) The uses of radios and cellular phones have proven themselves over and over again in emergency situations.
(B) Qualifying conditions. The following site and developmental requirements shall apply:
(1) A minimum site of 1 acre;
(2) A special land use permit issued by the Planning Commission is required;
(3) The applicant will be required to provide an existing cell coverage map, a proposed cell coverage map, and map of existing towers within at least a mile of the proposed site. The maps will assist in identification of "holes" in their coverage and therefore allow the township and the applicant to locate the tower on or near the most appropriate site in order to minimize their gap in coverage;
(4) Communication towers are allowed under prioritized locations:
(a) First:
1. Co-location; and
2. Township property.
(b) Second:
1. Industrial; and
2. Commercial.
(c) Third:
1. Agriculture;
2. Residential farm; and
3. Residential suburban.
(5) The base of the tower and wire cable supports shall be fenced with a minimum 6-foot high fence.
(C) Special performance standards.
(1) The tower must be setback from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the township engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall incur all cost associated with township engineering review.
(2) Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to front or side property lines than 30 feet.
(3) All towers shall be equipped with an anti-climbing device to prevent unauthorized access.
(4) The plans of the tower construction shall be certified by a registered structural engineer.
(5) The applicant shall provide verification that the antennas mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.
(6) All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.
(7) Communication towers in excess of 100 feet in height above grade level shall be prohibited within a 2-mile radius of a public airport or a one-half-mile radius of a helipad.
(8) No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located. In no case shall a tower or antenna be located within 30 feet of a front or side property line.
(9) Metal towers shall be constructed of, or treated with, corrosive-resistant material.
(10) Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections will all applicable local statutes, regulations and standards.
(11) Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.
(12) All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least 8 feet above the ground at all points, unless buried underground.
(13) Towers shall be located so that they do not interfere with television or radio reception in nearby residential areas.
(14) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and or leased by the applicant.
(15) Towers shall not be artificially lighted unless required by the Federal Aviation Administration.
(16) Existing on-site vegetation shall be preserved to the maximum extent practicable.
(17) There shall not be displayed advertising or identification of any kind intended to be visible form the ground or other structures, except as required for emergency purposes.
(18)
Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by the standard of the special use; approval will be subject to revocation by the Planning Commission. Cost for testing and verification of compliance shall be borne by the operator of the antenna.
(19) There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.
(20) The tower shall be removed by the property owner or lessee within 6 months of being abandoned.
(21) Co-location required:
(a) Newly constructed towers shall have 3 times the capacity of intended use in order that secondary users could leave the balance of the tower capacity at a reasonable rate;
(b) The applicant must include a statement in the application and an affidavit stating space on a proposed tower will be made available to future users when technically possible; and
(c) The applicant shall send a written notice via certified mail to all potential users of the new communication tower offering an opportunity for co-location.
1. The list of potential users shall be provided by the township based on those entities who have requested approval of communication towers in the past, current FCC license holders, and any other entities requesting to be included on the list.
2. Copies of the notice letters are sent to potential users, a user or user’s request, in writing, to co-locate on the new communication tower, the applicant shall accommodate the request(s), unless co-location is not reasonable possible based on the criteria of this division.
(Ord. 99, passed 11-18-1996, § 22.32; Am. Ord. 129, passed 5-15-2001
; Am. Ord. 174, passed 11-10-2008)
Penalty, see § 153.999
While the township recognizes that many residents feel the necessity to work out of their home, the township also recognizes the rights of all residents to be free from actual or potential nuisance which may be caused by non-residential activities conducted in a residential zoning district. The intent of this section and requirements are to ensure that any home occupation is compatible with other permitted uses in residential districts and to maintain and preserve the residential character of the surrounding neighborhood.
(A) A home occupation permit may be granted by the Planning Commission within a single-family residential dwelling unit as a special land use when a home occupations application, provided on forms by the township, has been submitted and all of the conditions of this ordinance are agreed to. The Planning Commission shall conduct a public hearing in compliance with the township’s public hearing notification requirements of § 153.427, prior to approving a home occupation permit.
(B) The following are permitted home occupations provided they meet all of the standards listed in division (C) of this section:
(1) Dressmaking, sewing and tailoring.
(2) Painting, sculpturing or writing.
(3) Telephone answering or telemarketing.
(4) Barber/hairdresser (one per household)
(5) Crafts and fine arts.
(6) Tutoring, limited to not more than 2 students at a time.
(7) Computer programing.
(8) Home office of a professional person that meets all the standards listed in division (C) of this section.
(9) Repairing of clocks, instruments or other small appliances.
(10) Other similar home occupations as determined by the Planning Commission.
(C) A home occupation may be permitted following a determination by the Planning Commission that the proposed occupation complies with all of the following standards.
(1) Home occupations shall be limited to the applicant and other family members who legally reside in the residence.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% or 400 square feet, whichever is greater of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purposes of the home occupation and the home occupation shall be carried out completely within such dwelling. No accessory building (attached or detached) shall be used in the home occupation, except for the parking or storage of equipment that might be used in the home occupation.
(3) There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign not exceeding 2 square feet in area, non-illuminated and mounted flat against the wall of the dwelling.
(4) The outdoor storage of goods, equipment, and materials shall be prohibited.
(5) No equipment or process shall be used in said home occupation which would constitute a nuisance or annoyance to adjoining residents by reason of noise, dust, glare, heat, smoke, fumes, odor, vibrations or electrical disturbances. There shall be no discharge of polluting materials, fluids, or gases into the ground or surface water, soil or atmosphere.
(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be provided by an off-street parking area, located in other than in a required front or side yard setback area.
(7) The home occupation shall not entail deliveries to or transmitted from the home or property in connection with the home occupation other than those items which are routinely handled by the U.S. Postal Service, United Parcel Service (UPS), Federal Express or similar service.
(8) There shall be no sale of any goods manufactured elsewhere in connection with such home occupation. No interior displays shall be visible from the exterior of a dwelling unit used for the purposes of a home occupation.
(9) The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.
(10) No more than 1 home occupation per dwelling unit shall be permitted.
(D) The following uses shall not be permitted as part of a home occupation:
(1) Repair, maintenance, painting, selling and storage of automobiles, machinery, trucks, boats, recreational vehicles and other similar items.
(2) Antique shops.
(3) Any business with employees or volunteers.
(4) Rooming houses.
(5) Private clubs.
(6) Commercial kennels.
(7) Eating or drinking establishments
(E) No home occupation may be carried out without a valid permit issued by the Building Official. Home occupations approved by the Planning Commission shall be renewed annually through the Building Department after review of same. In the event that the township receives a written and signed complaint regarding a specific home occupation, a public hearing and approval by the Planning Commission shall be required prior to any renewal being issued.
(F) Any property owner or occupant who has previously been granted a home occupation permit by the township, and has in fact conducted the approved home occupation in the twelve month period preceding adoption of this section, may continue to conduct the home occupation as previously approved. The home occupation shall be reviewed for renewal in accordance with the provisions of division (E) of this section.
(G) A home occupation permit shall not be transferable or assignable upon sale or other change in ownership of the land upon which the home occupation is conducted. The home occupation permit shall terminate when the person conducting the home occupation for which the permit was issued ceases to occupy the premises.
(H) The use of a home address as a business address or the use of a home phone as a business phone for the sole purpose of meeting state or federal licensing requirements, with no business activity conducted at the home or on the property, is not considered to be a home occupation and is exempt from the provisions of this section.
(I) Renewal; fees; revocation.
(1) There shall be an annual renewal fee for all home occupations.
(2) This fee shall be due each year on January 1 and shall be received by the township through January 31 of the same year without penalty.
(3) The fee for renewal shall initially be set at $25 when paid prior to January 31. If the renewal fee is received by the township February 1 through the last day of February of the year due, the fee shall be increased to $50.
(4) If the home occupation permit is granted on or after July 1, the permit shall be good for the remainder of that year plus one year and no renewal shall be necessary that first January 1 date.
(5) If the renewal fee is not paid prior to March 1 of each year, the home occupation permit shall be revoked without further notice.
(6) When a public hearing is required before the Planning Commission, there is a $200 fee in addition to the annual renewal fee.
(7) These fees may be amended from time to time by resolution of the Township Board.
(Ord. 158, passed 7-17-2007, § 22.33; Am. Ord. 13-207, passed 1-21-2014; Am. Ord. 21-001-153.366, passed 6-15-2021) Penalty, see § 153.999
The regulations set forth in this section are designed to regulate and control, but not to exclude, the growing, consumption, distribution, and delivery of medical marihuana in a manner that protects the rights of those authorized to do so under the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq., as amended, by providing qualifying patients safe access to medicine, and to protect the health, safety and welfare of all resident of the township.
(A) PRIMARY CAREGIVER means an individual or enterprise registered with the Michigan Department of Health and Human Services under the Michigan Medical Marihuana Act, initiated Law 1 of 2008, M.C.L.A. §§ 333.26421 et seq., to assist with a qualifying patient's use of medical marihuana through growing and provisioning. Except for a primary caregiver who produces and provides
medicinal marihuana only for the primary caregiver and qualifying patients lawfully residing with the primary caregiver at the residence where the medicinal marihuana is produced, the production and providing of medicinal marihuana shall be considered a home occupation.
(B) The operation of a PCHO in the Charter Township of Montrose is permitted in all zoning districts where there exists a primary resident. The principal use of the dwelling unit where a home care center may be located must be residential and must be in actual use as such.
(C) Only 1 PCHO shall be allowed per parcel of record within the Charter Township of Montrose.
(D) PCHO are prohibited in both the MHP - Mobile Home/Manufacturer Home Park and RC - Recreation/Conservation zoning districts. PCHO are also prohibited on property described in a condominium master deed or planned unit development.
(E) Prior to the issuance of a permit for a PCHO, the Township Building Official and/or Michigan State Electrical, Mechanical and or Plumbing Official, whichever is deemed necessary by the Township Building Official, must conduct an inspection confirming that the primary residence, the electrical system, and the plumbing system used to facilitate the growth or cultivation of medical marihuana plants complies with all applicable construction codes adopted by the township.
(F) PCHOs must be operated in accordance with the following requirements:
(1) All primary caregivers shall comply with the MMMA (Michigan Medical Marihuana Act, P.A. 2008, Initiated Law 1, M.C.L.A. §§ 333.26421 et seq., including, M.C.L.A. § 333.26423(d) and meet the rules established by the Marihuana Regulatory Agency. Activity authorized under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., shall not be subject to the requirements of this section.
(2) A PCHO is not permitted to install any exterior or interior window signs, billboard or other advertisement for any purpose.
(3) The use of the dwelling unit for the operation of a home care center for the growing, cultivation and storage of medical marihuana shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% or 400 square feet, whichever is greater of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purpose of the home care center.
(4) Primary caregiver home occupation activities conducted in an accessory structure shall not be included in the floor area limitation stated in the division (3) above, but shall be subject to a separate limitation of the lesser of 750 square feet or 50% of the floor area of the accessory structure in which the activity is conducted. The accessory structure shall have a roof system and be built with construction material approved by the Building Official. No fencing or fence screening materials are permitted.
(5) There shall be no on-site person-to-person transfers of medical marihuana on the premises of a PCHO by a primary caregiver where the PCHO is located in a residential zone; however, a primary caregiver may deliver medical marihuana to the primary residence of his or her registered qualifying patients.
(6) No offensive noise, vibration, smoke, dust, odor, heat, artificial light noticeable at or beyond the property lines are permitted.
(7) All medical marihuana plants must be contained in an enclosed, locked facility.
(8) No medical marihuana plants contained in an accessory structure that is located outside of a primary residence shall be located within 1,000 feet from any school, library, church, or playground area.
(9) When a PCHO is located within 1,000 feet from the property of any school, library, church, or playground area, there shall be no outside usage of any kind of medical marihuana within the sight of children under the age of 18 years old.
(10) The holder of the primary caregiver license shall renew their permit on an annual basis in compliance with the home occupation guidelines. This will ensure all information is accurate and up to date for each PCHO.
(11) The location of primary caregiver home occupations shall be kept on private record with the township and shall not be accessible through requests that cite the Freedom of Information Act, pursuant to M.C.L.A. §§ 15.261 et seq.
(12) When deemed reasonably necessary to effective enforcement of this section, the building inspector, code enforcement officer, and police personnel may conduct inspections of the property where a primary caregiver home occupation is conducted to ensure all operations are compliant with this chapter and applicable local and state laws. Inspection shall be at the time the home occupation is first established, as part of the annual renewal, and if there is reasonable cause to believe the home occupation is not in compliance with this section or other applicable laws.
(G) If an application for a primary caregiver home occupation permit is denied, the applicant may appeal to the Zoning Board of Appeals.
(Ord. 13-206, passed 1-21-2014; Am. Ord. 2021-007-153.367, passed 11-9-2021) Penalty, see § 153.999
NONCONFORMING LOTS, STRUCTURES,
AND USES OF LAND AND STRUCTURES
AND USES OF LAND AND STRUCTURES
(A) It is the intent of this subchapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
(B) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which where lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begin prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(D) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be ACTUAL CONSTRUCTION, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 99, passed 11-18-1996, § 23.01)
(A) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
(B) This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.
(C) Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(Ord. 99, passed 11-18-1996, § 23.02)
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(C) (1) No nonconforming use shall be expanded by the addition of products or services which were not part of the use being engaged in at the effective date of adoption or amendment of this chapter.
(2) The addition of uses or activities which were not part of the prior use, even though the uses or activities were permitted in the prior zoning district, constitutes an expansion of a nonconforming use which is prohibited by this chapter.
(D) If the nonconforming use of land ceases for any reason for a period of more than 1 year, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(Ord. 99, passed 11-18-1996, § 23.03; Am. Ord. 119, passed 5-17-1999) Penalty, see § 153.999
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No like structure may be enlarged or altered in a way which increases its nonconformity;
(B) Should the structure be destroyed by any means to an extent of more than 65% of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter, provided that the restoration or repairing shall have commenced and is diligently prosecuted within 1 year after the date of destruction;
(C) Non-conforming single-family residential structures are exempt from this section; however, application for rebuilding shall be made within 1 year from the date of damage or destruction; and
(D) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.
(Ord. 99, passed 11-18-1996, § 23.04; Am. Ord. 125, passed 10-18-1999) Penalty, see § 153.999
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) (1) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use, and which existed at the time of adoption or amendment of this chapter, but no like use shall be extended to occupy any land outside the building.
(2) If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Planning Commission, either by general rule or by specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(C) (1) In permitting the change, the Planning Commission may require conditions and safeguards in accord with the purpose and intent of this chapter.
(2) Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which the structure is located, and the nonconforming use may not thereafter be resumed.
(D) (1) When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for 6 consecutive months or for 18 months during any 3-year period, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2) Structures occupied by seasonal uses shall be exempted from this provision.
(E) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 99, passed 11-18-1996, § 23.05
; Am. Ord. 157, passed 7-17-2007
)
(A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing or for exterior aesthetic improvements to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(Ord. 99, passed 11-18-1996, § 23.06)
Any special land use which is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in the district.
(Ord. 99, passed 11-18-1996, § 23.07; Am. Ord. 157, passed 7-17-2007
)
ZONING BOARD OF APPEALS
(A) There is hereby established a Zoning Board of Appeals as authorized by Public Act 12 of 2008, as amended.
(B) The Zoning Board of Appeals shall consist of 7 members appointed by a majority vote of the members of the Township Board.
(1) One member shall be a member of the Planning Commission.
(2) One member shall be a member of the Township Board.
(3) The remaining regular (5) members, and any alternate (2) members shall be electors of the township who shall reside within the township.
(C) Members selected to serve on the Zoning Board of Appeals shall be representative of the population distribution and of various interests present in the township.
(D) Each member shall be appointed for a term of 3 years, except that the term of office of the members who are also members of the Township Board or Planning Commission shall terminate if their membership on the Township Board or Planning Commission terminates.
(E) The Zoning Board of Appeals shall elect a Chairperson, Vice-Chairperson, and Secretary. The Township Board member may not serve as Chairperson.
(F) The Township Board may appoint 2 alternate members for the same term as regular members to the Zoning Board of Appeals.
(G) An alternate member may be called, as specified in the Zoning Ordinance, to sit as a regular member of the Zoning Board of Appeals in the absence of a regular member, if a regular member is absent from or unable to attend 1 or more meetings.
(H) An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision of a case in which the regular member for the Board has abstained for reason of conflict of interest.
(I) Having been appointed, the alternate member shall serve in the case until a final decision has been made.
(J) The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.
(K) A member of the Zoning Board of Appeals may be paid a reasonable per diem as established and approved by the Township Board.
(L) A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. A member’s failure to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
(M) Upon written charges and after a public hearing, a member of the Zoning Board of Appeals may be removed by the Township Board for misfeasance, malfeasance, or nonfeasance in office.
(N) A vacancy on the Zoning Board of Appeals shall be filled for the remainder of the unexpired term in the same manner as original appointments.
(Ord. 99, passed 11-18-1996, § 24.01; Am. Ord. 157, passed 7-17-2007; Am. Ord. 174, passed 11-10-2008)
(A) The Zoning Board of Appeals shall not conduct business unless a majority of its regular members are present.
(B) An appeal to the Zoning Board of Appeals may be taken by any person aggrieved or by an officer, department, township board or bureau of the State of Michigan.
(C) All appeals must be applied for in writing, on forms provided by the township. The Zoning Board of Appeals shall give notice of the hearing to the parties involved.
(D) The Zoning Board of Appeals shall also give notice to owners and occupants of property as required by §153.427.
(E) The Zoning Board of Appeals shall state the grounds of any determination made by the Board, including listing all conditions.
(F) At a hearing a party may appear personally or by agent or attorney.
(Ord. 99, passed 11-18-1996, § 24.02; Am. Ord. 157, passed 7-17-2007; Am. Ord. 174, passed 11-10-2008)
The Zoning Board of Appeals shall have the following specified powers and duties.
(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 administrative official or any other administrative official in carrying out, or enforcing, any provisions of this chapter.
(B) Interpretation. To hear and decide in accordance with the provisions of this chapter:
(1) Appeals for the interpretation of the provisions of this chapter; and
(2) Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on the subject.
(C) Variances.
(1) Generally.
(a) The Zoning Board of Appeals shall have the power to authorize use variances and dimensional (non-use) variances from such requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations; such requirements as off-street parking and loading space, and sign regulations; and other similar requirements as specified in this chapter.
(b) To obtain a variance, the applicant must submit an affidavit indicating that the standards for either a "practical difficulty" or "unnecessary hardship" exist, as described below.
(2) Dimensional or non-use variances.
(a) To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties 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.
(b) In granting a dimensional variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in furtherance of the purpose of this chapter. A dimensional variance shall not be granted unless all of the following standards are met:
1. Special conditions and circumstances exist that are unique to the land, structures, or buildings involved, and are not applicable to other lands, structures, or buildings in the same district;
2. The special conditions and circumstances on which the variance request is based do not result from the actions of the applicant;
3. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this chapter;
4. Granting the variance requested would not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district;
5. The existence of non-conforming uses of neighboring lands, structures, or buildings in the same district; permitted or non-conforming uses of land, structures, or buildings in other districts; and non-conforming structures shall not be considered grounds for the issuance of a variance;
6. A variance granted shall be the minimum that will make possible a reasonable use of the land, building, or structure; and
7. The variance granted shall be in harmony with the intent of this chapter and will not be injurious to the environment, neighborhood, or otherwise detrimental to the public interest.
(3) Use variances.
(a) To authorize, upon an appeal, a variance for a specific use of land that is not otherwise permitted in the district in which the property is located where the strict application of the regulations enacted would result in an unnecessary hardship upon the owner of such property.
(b) In granting a use variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in the furtherance of the purpose of this chapter.
(c) A use variance shall not be granted unless all the following standards have been met:
1. The property cannot reasonably be put to a conforming use (i.e., that the property cannot yield a reasonable economic return if it is used in strict compliance with this chapter);
2. The plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions which may reflect the unreasonableness of the zoning itself;
3. The use to be authorized will not alter the essential character of the locality;
4. The problem is not self-created; and
5. A variance granted shall be the minimum that will make possible a reasonable use of the land, building, or structure.
(4) The Zoning Board of Appeals shall not approve an application for a variance unless it has found positively that a practical difficulty or unnecessary hardship exists under the preceding criteria.
(Ord. 99, passed 11-18-1996, § 24.03; Am. Ord. 174, passed 11-10-2008; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)
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