The Sebewaing ZBA shall have the power to act on those matters where this chapter provides for an administrative review, interpretation, or variance as defined in this section. The ZBA shall not have the power to alter or change the zoning district classification of any property, or to make any change in the terms or intent of this chapter.
(A) Review. The ZBA shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination, made by the Zoning Administrator, or by any other official in administering or enforcing any provisions of this chapter.
(B) Interpretation. The ZBA, upon proper appeal, shall have the power to hear and decide upon appeals for the interpretation of the provisions of this chapter as follows:
(1) So as to carry out the intent and purposes of this chapter;
(2) To determine the precise location of the boundary lines between zoning districts; or
(3) To classify a use which is not specifically mentioned as part of the use regulations of any zoning district, so it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.
(C) Variances. The ZBA may have the power to authorize, upon proper application, specific variances from such dimensional requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations as specified in this chapter provided all the conditions listed are satisfied.
(1) Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters, will unreasonably prevent the owner from using the property for a permitted purpose or will render ordinance conformity unnecessarily burdensome.
(2) The variance will do substantial justice to the applicant, as well as to other property owners.
(3) The variance requested is the minimum variance needed to provide substantial relief to the applicant and/or be consistent with justice to other property owners.
(4) The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.
(5) The problem and resulting need for the variance has been created by strict compliance with the zoning ordinance, not by the applicant or the applicant's predecessors.
(D) Rules for granting variances. The following rules shall be applied in the granting of variances.
(1) In granting a variance, the ZBA may specify, in writing, to the applicant such conditions in connection with the granting, that will, in its judgment, secure substantially the objectives of the regulations or provisions to which such variances apply. The breach of any such conditions shall automatically invalidate the permit granted.
(2) Each variance granted shall become null and void unless the provisions of the variance have been utilized by an applicant within six months after the granting of the variance.
(3) No application for a variance which has been denied wholly or in part by the ZBA shall be resubmitted for a period of one year, from the date of the last denial, except on grounds and newly discovered evidence or proof of changed conditions found upon inspection by the ZBA to be valid.
(4) In authorizing any variance, the ZBA may require a bond be furnished to insure compliance with the requirements, specifications and conditions imposed with the grant of variance.
(5) The ZBA may not create a nonconforming use or a use that is more nonconforming than the current nonconforming use. In the same way the ZBA may not create a nonconforming lot or parcel or a lot or parcel that is more nonconforming than the current nonconforming use or create a nonconforming parcel from a conforming parcel.
(Ord. passed 11-16-2020)