(a) Purpose. The Zoning Board of Appeals may, in passing on appeals, grant a variance or modify the regulations of this Zoning Code only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter prescribed. Such variances may be granted only when the Board finds that there are practical difficulties in the way of carrying out the strict letter of this Zoning Code. Such variances may be granted only so that the spirit of this Zoning Code shall be observed, public safety secured and substantial justice done.
(c) Standards for Variances. The Zoning Board of Appeals shall not vary the regulations of this Zoning Code, unless it shall make findings based upon the evidence presented to it in each specific case that all of the following standards are met:
(1) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship will result to the owner if the strict letter of the regulations are carried out. Inconveniences or increased development costs shall not be deemed hardships under the terms of this section.
(2) The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable generally, or to other property within the same zoning classification.
(3) The purpose of the variance is not based exclusively upon a desire to increase financial gain.
(4) The alleged difficulty or hardship is caused by this Zoning Code and has not been created by any persons presently or previously having an interest in the property.
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(d) Conditions. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this Zoning Code.
(e) Compliance With State Laws; Time Limit. Variances from the regulations of this Zoning Code shall be granted by the Zoning Board of Appeals only in accordance with the standards established in Act 638 of the Public Acts of 1978,as amended, and the City and Village Zoning Act.
No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
(Ord. 106. Passed 12-9-81; Ord. 106A-83. Passed 4-9-14.)