Calumet City Zoning Code
ZONING BOARD
OF APPEALS
§ 153.280 AUTHORITY.
There is hereby established a Zoning Board of Appeals (herein referred to as the “ZBA”), which shall perform its duties and exercise its power as provided for in this chapter and the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, in such a way that the objectives of this chapter shall be served, public health, safety and welfare protected and substantial justice done.
(Ord. 160, passed 4-21-2022)
§ 153.281 MEMBERSHIP.
The Village Council shall serve as the Zoning Board of Appeals. In the event a member of the Village Council is replaced through election or other means, their replacement shall automatically fill the vacancy on the ZBA.
(Ord. 160, passed 4-21-2022)
§ 153.282 ORGANIZATION.
The ZBA shall adopt rules of procedure as may be deemed necessary to properly conduct business and organize meetings, in addition to the following:
(A) The Village President shall preside as Chair of the ZBA. The ZBA shall elect a Vice-Chair and Secretary annually from its membership.
(B) All meetings of the ZBA shall be held at the call of the Chair at such times as the ZBA may determine.
(C) The ZBA shall render decisions upon all matters within a reasonable time.
(D) The ZBA may distribute the application materials to the Zoning Administrator or other designated village consultants to review the application and provide a report to the ZBA that addresses applicable chapter issues, whether the issue in question can be resolved by other means defined in this chapter, and how the request may affect the Village Master Plan and any sub-area plans.
(E) The ZBA may request that any or all of the following information be provided to the ZBA by the Village Clerk or the Building Official where available and applicable to the issue in question:
(1) The history of development on the site in question;
(2) A summary of past village approvals, orders and decisions related to the site or issue in question; and
(3) Whether all outstanding infractions related to this chapter or other village ordinances have been resolved, other than the issue to be addressed by the ZBA.
(F) A concurring vote of a majority of the total ZBA membership shall be necessary to render a decision. The ZBA shall not conduct business unless a majority of its members are present.
(G) (1) The Secretary shall keep minutes of the proceedings, record the vote of each member upon each question, indicate absences and abstentions, and keep records of hearings and other official action.
(2) Such minutes shall also be filed with the Village Clerk.
(H) The ZBA shall have the power to require attendance of witnesses, and compel testimony and the production of documents, files and other information pertinent to the matters before it.
(Ord. 160, passed 4-21-2022)
§ 153.283 APPLICATIONS.
(A) Applications to the ZBA shall be filed with the village on a form provided by the village, and a fee established by Village Council shall be paid at the time the application is filed.
(B) Applications shall be accompanied by the following information, where applicable:
(1) The applicant’s name, address, telephone number and email address;
(2) The address, location and tax identification number for each parcel involved in the request;
(3) The zoning classification of the subject parcel(s) and all abutting parcels;
(4) A plot plan, drawn to scale, with a north arrow, existing lot lines, street rights-of-way, easements, building and structures, setback dimensions, parking areas, driveways, sidewalks and other site improvements;
(5) A letter from the applicant summarizing the request, and stating the reasons for the request; and
(6) Any additional information deemed necessary by the ZBA to make a determination on the issue in question.
(Ord. 160, passed 4-21-2022)
§ 153.284 APPEALS OF ADMINISTRATIVE DECISIONS.
(A) The ZBA shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the person or body charged with administration or enforcement of the chapter. Such appeals may be taken to the ZBA by the person, firm or corporation aggrieved, or by an officer, department, board or bureau of the village affected by the order, requirement, decision or determination, provided that a notice of appeal application is filed with the village within a reasonable time of the order, requirement, decision or determination, not to exceed 21 days. An appeal shall stay all administrative or enforcement proceedings associated with the appeal, unless the Building Official certifies to the ZBA that, by reason of facts stated in the certificate, a stay in the opinion of the Building Official would cause imminent peril to life or property.
(B) The ZBA shall reverse an administrative decision only after finding that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion or based upon an erroneous interpretation of the chapter.
(Ord. 160, passed 4-21-2022)
§ 153.285 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
(A) Where the actual lines of streets, alleys or property boundaries vary from the portions indicated on the Official Zoning Map, or some ambiguity exists as to zoning district boundaries, the ZBA shall have the power to interpret the Official Zoning Map in such a way as to carry out the intents and purposes of the chapter, Village Master Plan and/or other planning documents.
(Ord. 160, passed 4-21-2022)
§ 153.286 INTERPRETATION OF ZONING ORDINANCE PROVISIONS.
(A) Interpretations. The ZBA shall have the power to hear and decide requests for interpretations of chapter provisions in such a way as to preserve and promote the character of the zoning district in question, and carry out the intent and purpose of this chapter, the Master Plan or any sub-area plans. This shall not include use determinations as provided for in this chapter, except upon appeal of a determination that has been made.
(B) Determinations of similar uses. In recognition that every potential use cannot be addressed in this chapter, the ZBA shall have the authority, upon referral by the Zoning Administrator or appeal of the Zoning Administrator’s determination, to determine whether a proposed use not listed in this chapter is similar to a principal or special land use permitted by this chapter, subject to the following:
(1) Prior to making such a determination, the ZBA must find that the principal or special land use closely resembles the proposed use in terms of characteristics, intensity, nature and other applicable common elements of such uses, including but not limited to potential impacts on property values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare and other objectionable impacts on public health, safety and welfare.
(2) The ZBA may make a determination that the use is or is not similar to a use listed in this chapter.
(3) If it is determined that there is no similar use listed in this chapter, the use shall be prohibited.
(4) If it is determined that the proposed use is similar to a use listed in this chapter, the proposed use shall comply with any conditions or special land use standards that apply to the listed use.
(Ord. 160, passed 4-21-2022)
§ 153.287 VARIANCES.
(A) (1) Use variances shall be prohibited. The ZBA shall have authority in specific cases to authorize one or more dimensional or non-use variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured and substantial justice done.
(2) A dimensional or non-use variance allows a deviation from the dimensional (for example, height, bulk, setback) requirements of the chapter.
(B) The ZBA may grant a requested dimensional or non-use variance only upon a finding that practical difficulties exist. A FINDING OF PRACTICAL DIFFICULTIES is when the applicant has demonstrated all of the following.
(1) Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters will unreasonably prevent the owner from using the property for a permitted purpose or will render chapter conformity unnecessarily burdensome.
(2) The variance will do substantial justice to the applicant, as well as to other property owners.
(3) The variance requested is the minimum variance needed to provide substantial relief to the applicant and/or be consistent with justice to other property owners.
(4) The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district, and cannot be solely economic in nature.
(5) The problem and resulting need for the variance has been created by strict compliance with the chapter, not by the applicant or the applicant’s predecessors.
(Ord. 160, passed 4-21-2022)
§ 153.288 EXCEPTIONS.
(A) To hear and decide requests for exceptions and other matters upon which this chapter specifically authorizes the ZBA to act.
(B) Any exception shall be subject to such conditions as the ZBA may require to preserve and promote the intent and purpose of this chapter, and the character of the zoning district in question.
(Ord. 160, passed 4-21-2022)
§ 153.289 HEARINGS AND DECISIONS.
The ZBA shall make no determination on a specific case until after a public hearing conducted in accordance with the requirements in § 153.309. Each decision of the ZBA shall include a written record of the ZBA’s findings and determinations in the case.
(Ord. 160, passed 4-21-2022)
§ 153.290 FEES.
The Village Council may, from time to time, prescribe or amend a reasonable schedule of fees to be charged to applicants for applications to the ZBA. Such fees shall be paid to the village at the time of filing the application.
(Ord. 160, passed 4-21-2022)
§ 153.291 LIMITATIONS OF AUTHORITY.
(A) No order of the ZBA permitting the erection or alteration of a structure shall be valid for a period longer than one year, unless a zoning permit for such erection or alteration is obtained within such period, and such erection or alteration is started and completed in accordance with the terms of such permit.
(B) The ZBA shall not consider appeals of any decisions by the Planning Commission or Village Council regarding requests for approval of amendments, special land uses or planned developments, as defined in this chapter.
(C) (1) ZBA jurisdiction to consider appeals of site plan determinations shall be limited to cases referred by the Planning Commission, where the Planning Commission has approved a site plan contingent upon approval of one or more variances by the ZBA.
(2) In such cases, the Planning Commission Secretary shall provide copies of the site plan, application materials and Planning Commission meeting minutes to the ZBA, and consideration shall be limited to the specific variances identified as conditions of site plan approval by the Planning Commission.
(D) The ZBA shall not have the authority to alter this chapter or the Official Zoning Map.
(Ord. 160, passed 4-21-2022)