The City of Farmington shall establish and appoint a board of zoning appeals under the provisions of the Zoning Act, separate and distinct from the city council.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

The board of zoning appeals shall consist of five (5) members appointed by the city council.

B.

One (1) member of the board of zoning appeals shall be a member of the planning commission.

C.

All members shall be residents of the city for at least one (1) year prior to appointment.

D.

Each member shall be appointed for a term of three (3) years. The term of any member of the board who is also a member of the city council shall automatically terminate when such member is no longer a city council representative.

E.

The city council may appoint not more than two (2) alternate members for the same term as regular members of the board of zoning appeals. The alternate members may be called on a rotating basis to sit as regular members of the board of zoning appeals in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member, having been appointed, shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board of zoning appeals.

F.

Members may be removed by the city council for nonperformance of duty or misconduct in office upon written charges and after a public hearing.

G.

The city council shall fill any vacancies in the board of zoning appeals for the remainder of the unexpired term.

H.

Compensation for board of zoning appeals members shall be as determined by the city council.

(Ord. No. C-746-2010, § 1, 4-19-10; Ord. No. C-752-2011, § 1, 6-6-11)

A.

Rules of Procedure. The board of zoning appeals is hereby authorized and empowered to establish its own rules of procedure and to elect its own officers subject to the provision that it shall, at its annual organizational meeting, elect a chairman, a vice-chairman and a secretary. In establishing rules of procedure and election of officers, a majority of those in attendance shall be required.

B.

Open Meetings Act. All provisions of the Michigan Open Meetings Act shall apply to the proceedings of the City of Farmington board of zoning appeals.

C.

Public Hearing.

1.

The board of zoning appeals shall hold a public hearing on all appeals and variance requests in accordance with the Zoning Act.

2.

The board shall fix a reasonable time for the hearing of the appeal and shall give due notice thereof to the persons to whom real property within three hundred (300) feet of the premises in question shall be assessed, and to the occupants of single-family and two-family dwellings within three hundred (300) feet, the notice to be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll.

D.

Records. The board shall keep records of applications and the actions thereon, which shall be public record and kept on file in the office of the city clerk.

E.

Meetings. The presence of a majority of the members of the board shall be necessary to constitute a quorum.

F.

Decision of Board. The concurring vote of a majority of the total membership of the board shall be necessary to reverse an order, requirement, decision or determination of the building official, administrative official or an administrative body, or to decide in favor of the applicant on a matter upon which the board of zoning appeals is required to pass under the City of Farmington zoning ordinance, or to effect a variation in the ordinance, except that a concurring vote of two-thirds (⅔) of the members of the board shall be necessary to grant a variance from uses of land permitted in this chapter.

G.

Legal Counsel to the Board of Zoning Appeals. The city attorney shall act as a legal counsel for the board of zoning appeals and shall be present at meetings upon request of the board.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Appeals. The board of zoning appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the building official, any administrative official or administrative body charged with enforcement of the City of Farmington zoning ordinance where it is alleged by the appellant that there was an error or misinterpretation. An appeal to the board shall stay all proceedings in furtherance of action appealed from, unless the building official certifies to the board of zoning appeals after notice of appeal shall have been filed with him that by reason of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the board of zoning appeals or by the circuit court on application, after notice to the building official.

B.

Map Interpretations. Where, due to the scale, lack of detail or illegibility there is an uncertainty, contradiction or conflict as to the intended location of any district boundary as shown thereon, the board of appeals shall make an interpretation concerning the exact location of the district boundary line. In arriving at a decision on these matters, the board shall apply the following standards:

1.

District boundary lines are intended to follow the centerline of: alleys or streets, rights-of-way, watercourses, or lot lines; or be parallel or perpendicular thereto, unless such district boundary lines are otherwise obviously indicated as shown on the zoning map.

2.

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.

3.

In unsubdivided property, or where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

4.

If, after the application of the foregoing rules, uncertainty exists as to the exact location of a district boundary, the board of zoning appeals shall determine and fix the location of the line in a reasonable manner.

C.

Text Interpretations. The board has the power to interpret and determine the application of the regulations established under this chapter in harmony with their purposes and intent.

D.

Nonconforming Situations. The board has the power to decide upon proposed changes to nonconforming uses, buildings, structures, and lot of record in accordance with Article 17, Nonconforming Uses, Lots, Buildings, Structures and Sites.

E.

Height Modifications. The board has the power to decide upon modification of the height of certain structures and buildings where specifically identified in this chapter according to: design of the building or structure; proposed setbacks in relation to surrounding land uses; and the potential for impact on the character of the area.

F.

Variance. The board has the power to authorize a variance from the strict application of the provisions of this chapter, per section 35-215, granting of variances, D.1. or variances from the use in accordance with section 35-215, granting of variances, D.2.

G.

Other Duties. The board shall also have any other duties specifically configured by city ordinance or where a request is made by the city council.

H.

Limitations. The board shall not have the power to alter or change the zoning district classification of any property, nor consider variances for special land uses or planned unit developments (PUDs), or make any change in the terms of this chapter.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

In granting or denying a variance, the board of zoning appeals may prescribe appropriate conditions and safeguards to carry out the requirements of this article, including conditions regarding the location, character, site design, height, parking and loading facilities, additional landscaping, operations and other features of the proposed structure or uses, as it deems reasonable in furtherance of the purpose of this chapter.

B.

The board may send the proposal to planning commission for site plan review to determine the appropriateness of the proposed variances in regards to the use or development of the property.

C.

In granting or denying a variance, the board of zoning appeals shall state the grounds upon which it justifies the granting or denying of a variance. The board may also approve a lesser variance than requested.

D.

The board shall not grant any variance unless it shall have made a finding of fact based upon the evidence as presented to it in each specific case as specified below:

1.

Dimensional (Area) Variance. A dimensional, area or nonuse variance is a variance from any dimensional standard or requirement of this chapter, such as, but not limited to, a deviation from density, height, bulk, setback, or parking and landscaping requirements. The board may grant a variance only upon a finding that practical difficulties exist. The applicant is required to demonstrate all of the following:

a.

Practical Difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance. Practical difficulties include:

(1)

The exceptional narrowness, shallowness or shape of a specific property;

(2)

The exceptional topographic or environmental conditions or man-made constraints or other extraordinary situation on the land, building or structure; and

(3)

The use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties.

b.

Substantial Justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

c.

Public Safety and Welfare. The requested variance or appeal can be granted in such fashion that the spirit of these regulations will be observed and public safety and welfare secured.

d.

Not Self-Created. The problem and resulting need for the variance has not been self-created by the applicant and/or the applicant's immediate predecessor may or may not be considered depending upon whether the practical difficulty would have existed regardless of the action.

e.

No Safety Hazard or Nuisance. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance.

f.

Relationship to Adjacent Land Uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses and will not alter the essential character of the neighborhood. In evaluating this criterion, consideration shall be given to the established type and pattern of land uses in the area, the natural characteristics of the site and surrounding area, prevailing shopping patterns, convenience of access for patrons, continuity of development and the need for particular services and facilities in specific areas of the city.

g.

Minimum Variance Necessary. The variance requested is the minimum necessary to permit reasonable use of the land.

2.

Use Variance. The board of zoning appeals may grant a use variance only upon a finding that an unnecessary hardship exists. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. A finding of an unnecessary hardship shall require demonstration by the applicant of all of the following:

a.

Unreasonable Current Zoning Designation. The applicant has demonstrated that the site can not reasonably be used for any of the uses allowed within the current zoning district designation. The board may require submission of documentation from real estate or market experts, or a certified appraiser, to substantiate this finding.

b.

Unique Circumstances. 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. The applicant must prove that there are certain features or conditions of the land that are not generally applicable throughout the zone and that these features make it impossible to earn a reasonable return without some adjustment. In those situations where the difficulty is shared by others, the board may find that relief should be accomplished by an amendment to the zoning ordinance, not a variance.

c.

Not Self-Created. The problem and resulting need for the variance has not been self-created by the applicant and/or the applicant's immediate predecessor.

d.

Capacity of Roads, Infrastructure and Public Services. The capacity and operations of public streets, utilities, other facilities and services will not be significantly compromised.

e.

Character of Neighborhood. The use variance will not alter the essential character of the neighborhood nor be of detriment to adjacent properties.

f.

Minimum Variance Necessary. The variance requested is the minimum necessary to permit reasonable use of the land.

3.

Accessory Reception Antenna Facilities. The board of zoning appeals may permit a variance from the standards of this chapter for accessory reception antenna in accordance with the following factors:

a.

Practical Difficulty. The applicant demonstrates that a practical difficulty exists on the subject site and strict compliance with the standards of this chapter would not provide reasonable reception. Reasonable reception, as used in this section, does not mean perfect reception from each satellite of the many satellites in space.

b.

Safety. The safety of the property owner and the surrounding property owners would not be compromised through granting a variance.

c.

Visibility. Visibility of the antenna facility from adjacent properties or streets will not be significant in relation to other facilities.

d.

Minimum Necessary. The variance shall be the minimum necessary to afford relief to the applicant and provide reasonable reception.

4.

Wireless Communication Towers and Antennae. The board of zoning appeals may consider a variance from the requirements of this chapter for cellular towers and antennas, based upon a finding that one (1) or more of the following factors exist, as appropriate for the type of variance requested:

a.

Practical Difficulty. For location, the applicant has demonstrated that a location within a district or location in accordance with the standards of this chapter can not reasonably meet the coverage or capacity needs of the applicant.

b.

Safety. For setback, the applicant has provided engineering information that documents that the tower is self-collapsing and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

c.

Signal Interference. For height, the height requested is due to signal interference due to topography, tall buildings, masses of trees, or other obstructions, or would reduce the number of towers to the benefit of the city.

d.

Design. The applicant has proposed means to mitigate any negative impacts through provision for future co-location, if found to be appropriate by the city, and special design of the facility and site.

e.

Compatibility. For all, the wireless communication and accessory facilities shall be designed to be compatible with the existing character of the proposed site, neighborhood and general area such as a steeple, bell tower or similar form.

5.

Fences. The board of zoning appeals may consider a variance from the standards of the section 35-49, fences, of this chapter, based upon a finding that one (1) or more of the following factors exist, as appropriate for the type of variance requested:

a.

Practical Difficulty. The applicant has demonstrated that a practical difficulty exists on the lot or external factors necessitate a fence that does not conform to one (1) or more of the standards of section 35-49, fences.

b.

Privacy. The characteristics of the fence are the minimum necessary to provide privacy.

c.

Design. The fence is compatible with the architectural style and height of other fences in the neighborhood.

d.

Corner Lot Hardship. Where a corner lot suffers undue hardship from the prohibition of front yard fences because of excessive pedestrian traffic in the area, the board may grant permission to erect a fence in the front yard subject to conditions on the height, style and character of the fences, as set out by the board in its decision. Where more than one (1) corner lot at a given intersection requests a front yard fence due to hardship, the board may encourage a uniform treatment of fences on such lots to create an overall attractive appearance at the intersection. The fence shall not affect sight distances for vehicular traffic.

e.

Compatibility. The design and location of the fence is compatible with the existing character of the proposed site, neighborhood and general area.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

No order of the board of zoning appeals permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building 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.

No order of the board of zoning appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said 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.

(Ord. No. C-746-2010, § 1, 4-19-10)