(a) The Zoning Board of Appeals performs its duties and exercises its powers as provided in the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.
(b) Membership and Terms. The Zoning Board of Appeals consists of a minimum of five members, as appointed by City Council for staggered three-year terms.
(1) One member must be a Planning Commissioner.
(2) The remaining members are electors of the City, and representative of the population distribution and of the various interests present in Wayne.
(3) Up to two alternate members may be appointed by City Council for three-year terms, commencing on the date of their appointment. One or both alternate members may be called to sit as regular members of the Board in the absence of a regular member or for the purpose of reaching a decision on a case in which the regular member has declared a conflict of interest. The alternate member appointed must serve in the case until a final decision is reached and has the same voting rights as a regular member of the Board.
(c) Officers. The first meeting is the second Tuesday in January, at which the members must elect a Chair, a Vice-Chair, and such other officers as it may deem necessary for the ensuring year. The terms of all officers are for one-year and officers are eligible for reelection.
(d) Compensation. Members of the Zoning Board of Appeals serve without compensation.
(e) Removal. Any member of the Zoning Board of Appeals may be removed by the Mayor, after a public hearing, for inefficiency, neglect of duty, malfeasance, or for missing (unexcused) two consecutive regular meetings.
(Ord. 2023-01. Passed 2-7-23.)
The Zoning Board of Appeals has the following jurisdiction and powers:
(a) Appeal of Administrative Decision. To hear and decide appeals from any order, requirement, decision, or determination made by the Community Development Director or the Building Official. The Board may reverse or affirm wholly or partly, or may modify such order, requirement, decision, or determination, and to that end, has the power to direct the issuance of a permit, as it relates to this chapter.
(b) Appeal of a Planning Commission Decision. An appeal from the Planning Commission must be taken to Board if a written appeal is filed within thirty-days after the Planning Commission’s decision. Exceptions to this power is the approval or denial of a special land use or Planned Residential/Planned Unit Development by City Council; those decisions are final and not appealable.
(c) Interpretation. To act upon all questions as they may arise in the administration and enforcement of this Zoning Code, including interpretation of the Zoning Map, the location of district boundaries on the Zoning Map, and text provisions.
(d) Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Zoning Code, the Board has the power in passing upon appeals to vary or modify any of its rules, regulations, or provision so that the spirit of this Zoning Code is observed, public safety secured, and substantial justice done. The Board does not have the authority to make changes in the Zoning Code.
(Ord. 2023-01. Passed 2-7-23.)
(a) All meetings of the Board are held at the call of the Chair and at such other times as a quorum of the Board may determine.
(b) All hearings are open to the public. The City must keep minutes of the Board’s proceedings, showing the vote of each member in question, or if absent, or failing to vote, indicating such fact.
(c) The Board has the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and require the production of books, papers, files, and other evidence pertinent to the matters before it.
(Ord. 2023-01. Passed 2-7-23.)
(a) Dimensional Variances. To authorize a non-use or dimensional variances from the strict applications of the provisions of this Zoning Code, each of the following criteria must be met:
(1) There are exceptional or extraordinary circumstances applying to the property that do not apply generally to other properties in the same zoning classification. Exceptional or extraordinary circumstances include:
A. Exceptional narrowness, shallowness or shape of a specific property on the effective date of this Zoning Code, or amendment thereto.
B. Exceptional topographic conditions.
C. Any other physical situation on the land, building or structure deemed by the Zoning Board of Appeals to be extraordinary.
D. By reason of the use or development of the property immediately adjoining the property in question.
(2) Such a variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity (possible increased financial return is not of itself, sufficient to warrant a variance).
(3) Authorization of a variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this Zoning Code or the public health, safety, and general welfare of the community.
(4) The condition or situation of the specific piece of property or the intended use of said property for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such condition or situation, a part of this Zoning Code.
(b) Lots of Record – Determination Required. The granting of a variance for minimum lot size (square feet) and lot width (feet) is not required when the subject lot is a lot of record, and the Board has determined the property to be a buildable zoning lot.
(c) Use Variance. No variance can be made in the use of land, and the Board does not consider use variance requests.
(Ord. 2023-01. Passed 2-7-23.)
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