(A) (1) The Zoning Board of Appeals may authorize, upon an appeal, a variance from the strict applications of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape, or contour of a specific tract of land at the time of enactment of this chapter or by reason of exceptional conditions of the property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to the owner of the property.
(2) Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Board of Appeals in passing upon appeals may vary or modify any of its rules or provisions so that the spirit of the ordinance is observed, public safety secured, and substantial justice done.
(3) The Board of Appeals may impose conditions with an affirmative decision pursuant to § 604(7) of the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. § 125.3604(7).
(4) No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a conditional use permit is required.
(5) No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(B) A variance from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until:
(1) A written application for a variance is submitted, demonstrating that the special conditions and circumstances do not result from the actions of the applicant, and 1 or more of the following:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(b) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) That the special conditions and circumstances do not result from the actions of the applicant; and/or
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(2) The Zoning Board of Appeals shall determine that the requirements of this chapter have been met by the applicant for a variance;
(3) The Zoning Board of Appeals shall determine, by consideration of competent material, and substantial evidence, set forth in the application and on the record as a whole, and the granting of the variance is justified, and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;
(4) The Zoning Board of Appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;
(5) In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter;
(6) Each variance granted under the provisions of this chapter shall become null and void unless:
(a) The construction authorized by the variance or permit has been commenced within 180 days after the granting of the variance and pursued diligently to completion; or
(b) The occupancy of land or buildings authorized by the variance has taken place within 180 days after the granting of the variance.
(7) No application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of 365 days from the denial, except on grounds of new evidence or proof of changed conditions found by the Zoning Board of Appeals to be valid;
(8) An application for a variance shall be filed at the township office by the record owner of the property in question or by a person(s) authorized to act on the record owner’s behalf. The application shall consist of a completed application form, fee, and the information required. The township shall transmit copies of the application and information to the Zoning Administrator within 7 days of the filing date. The Zoning Administrator shall transmit a copy of the application to each member of the Zoning Board of Appeals no less than 7 days prior to the hearing set in the matter;
(9) The following information shall be required:
(a) The applicant’s name, address, and telephone number;
(b) The names and addresses of all known owners of record and known owners and proof of ownership;
(c) The applicant’s interest in the property, and if the applicant is not the fee simple owner, the owner’s signed authorization for the application;
(d) Recorded legal description, address, and tax parcel number of the property;
(e) An accurate, scaled drawing of the property, showing all property lines, dimensions, and bearings or angles correlated with the legal description; all existing and proposed structures and uses on the property; and dimensions of structures and their dimensioned locations; lot area and all calculations necessary to show compliance and/or noncompliance with the regulations of this chapter. A drawing prepared by a registered surveyor or registered engineer and the staking of the property are not required unless deemed necessary by the Zoning Administrator to determine the lot lines or to accurately describe the nature of the variance being requested by the applicant; and
(f) A detailed description of the proposed use. The proposed variance shall be physically marked on the site so that the Board of Appeals may make an on-site review of the proposed variance.
(10) The fee shall be paid to the township at the time of filing and shall be deposited in the township’s general fund.
(Ord. -, Article VII, § 7.3, passed 9-12-2006)