(A) The zoning board of appeals, as established by the township, shall hear and decide appeals and requests for variances from the requirement of this chapter.
(B) The zoning board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this chapter.
(C) Any person aggrieved by the decision of the zoning board of appeals may appeal such decision to the Jackson County Circuit Court, as provided by statute.
(D) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(E) In passing upon such applications, the zoning board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger that life and property may be threatened by flooding or erosion;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and flood-plain- management program for that area;
(9) The safety and availability of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site;
(11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and
(12) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots on which, existing structures have been constructed below the base-flood level, providing items (1) through (11) have been fully considered. As the lot size increases beyond the ½ acre, the technical justification required for issuing the variance increases.
(F) Upon consideration of the factors listed above and the purpose of this chapter, the zoning board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(G) Variances shall not be issued within any designated floodway if any increase in flood levels during the base-flood discharge would result.
(H) Conditions for variances:
(1) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(2) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base-flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest-floor elevation.
(3) The Building Inspector shall maintain records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(4) An applicant for a variance to permit development in any floodway shall secure a permit from the Michigan Department of Natural Resources under the authority of 1929 PA 245, as amended by 1968 PA 167, and evidence thereof shall be submitted to the Building Inspector.
(Ord. passed 3-25-2008)