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(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.)
The Board may impose reasonable conditions in conjunction with the approval of a variance to ensure that public services and facilities are adequate, to protect the natural environment and conserve natural resources, to ensure compatibility with adjacent uses of land, and to promote the use of land, in a socially and economically desirable manner. Conditions must meet the requirements of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended and must be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the Board and the landowner.
(Ord. 2023-01. Passed 2-7-23.)
(a) No decision of the Board permitting the erection of a structure may be valid for a period longer than one-year unless a building permit for such erection or alteration is obtained within such year and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(b) No decision of the Board permitting a use of a structure or premises shall be valid for a period longer than one-year unless such use is established within such year; provided, however, that where such use permitted is dependent upon the erection or alteration of a structure such decision shall continue in force and effect if a building permit for such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(c) The Board may grant an extension of a variance upon the demonstration, to the satisfaction of the Board that the delay in obtaining building permits was not caused by the action or negligence of the applicant.
(Ord. 2023-01. Passed 2-7-23.)
The decision of the Board is final. An appeal of a decision of the Board must be taken to the Wayne County Circuit Court within a time period specified in the Michigan Zoning Enabling Act (PA 110 of 2006), as amended and by such persons permitted by state statue.
(Ord. 2023-01. Passed 2-7-23.)