Garden City City Zoning Code
VARIANCES AND
APPEALS
§ 154.450 INTENT; PURPOSE.
(A) Intent. The purpose of this subchapter is to provide guidelines and standards to be followed by the Zoning Board of Appeals in considering requests for variances and appeals, where the jurisdiction of the Board of Appeals has been established by these regulations or by Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended.
(B) Purpose of variances and appeals.
(1) Appeals. Generally, an appeal may be taken to the Zoning Board of Appeals by a person, or by any office, department, board, or bureau aggrieved by a decision of the Planning Commission or any Administrative Official or body charged with enforcement of these regulations.
(2) Variances. Where there are practical difficulties preventing a property owner from conforming with the strict letter of this chapter, or where strict enforcement of this chapter would create an unnecessary hardship, the Zoning Board of Appeals shall have the power to authorize variances from the standards in this chapter, with such conditions and safeguards as it may determine to be necessary so that the overall spirit and intent of this chapter is observed, public safety secured, and substantial justice done.
(Ord. 92-005, passed 2-17-92)
§ 154.451 STAY OF PROCEEDINGS.
An appeal to the Zoning Board of Appeals shall stay all proceedings in furtherance of the appealed action, unless the Zoning Administrator certifies to the Zoning Board of Appeals, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the circuit court,
(Ord. 92-005, passed 2-17-92)
§ 154.452 APPLICATION AND PROCEDURES.
(A) Application to the Zoning Board of Appeals. Variances and appeals for which Zoning Board of Appeals action is sought shall be commenced by a person filing an application to the Zoning Board of Appeals on forms as specified by the Zoning Administrator and accompanied by required fees. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signature of the property owner or owner's agent. Applications involving a request for a variance shall specify the section number(s) containing the standards from which a variance is sought and the nature and extent of the variance.
(B) Plot plan requirements.
(1) Applications involving a specific site shall be accompanied by a plot plan drawn to scale that includes the following information, where applicable.
(a) Applicant’s name, address, and telephone number.
(b) Property identification (sidwell) number, scale, northpoint, and dates of submission and revisions.
(c) Zoning classification of petitioner’s parcel and of all abutting parcels.
(d) Existing lot lines, building lines, structures, parking areas, driveways and other improvements on the site and within 50 feet of the site.
(e) For variances from any dimensional standard of these regulations, the plot plan shall include verified measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is being sought.
(f) Any additional information required by the Zoning Administrator or the Zoning Board of Appeals to make the determination requested herein.
(2) Where an application to the Zoning Board of Appeals involves a variance sought in conjunction with a site plan review by the Planning Commission, the application data requirements for site plan review, as set forth in § 154.402, shall be followed.
(C) Review by the Zoning Board of Appeals.
(1) The Zoning Administrator shall forward the application, along with any supporting materials and plans, to the Zoning Board of Appeals.
(2) The Zoning Administrator or the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or variance request, give due notice to the parties to whom real property within 300 feet of the premises in question is assessed, and to occupants of one or two-family dwellings within 300 feet, and decide the appeal or variance within a reasonable time. At the hearing, a party may appear in person or by agent or by attorney.
(D) Decision by the Zoning Board of Appeals.
(1) The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the administrative official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to affect any variation in an ordinance adopted pursuant to Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended.
(2) The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. To that end, the Zoning Board of Appeals shall have all the powers of the officer or body from whom the appeal was taken, and may issue or direct the issuance of a permit. With an affirmative decision, the Board may impose conditions pursuant to Section 4c(2)(a) of Public act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended. The decision of the Zoning Board of Appeals shall be final, but any person having an interest affected by a decision of the Board may appeal to circuit court.
(E) Record of decision and order.
(1) The Zoning Beard of Appeals shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include the following.
(a) The relevant administrative records and the administrative orders issued thereon relating to the appeal.
(b) The notice of the appeal.
(c) Such documents, exhibits, plans, photographs, or written reports as may be submitted to the Board for its consideration.
(2) The written findings of fact, the decisions, and the conditions imposed by the Zoning Board of Appeals in acting on the appeal shall be entered into the official record, after being signed by the secretary of the Board.
(F) Approval period. If construction has not commenced within 24 months after the Zoning Board of Appeals grants a variance to permit the erection or alteration of a building, then the variance becomes null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the Planning Commission.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.453 STANDARDS.
Variances and appeals shall be granted only in accordance with Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended, and based on the findings set forth in this subchapter. The extent to which the following criteria apply to a specific case shall be determined by the Board.
(A) Criteria applicable to variances.
(1) 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.
(2) 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.
(3) 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.
(4) Extraordinary circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created.
(5) Preservation of property rights. A variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same zoning district.
(6) No safety hazard. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety.
(7) No impact on land values. The granting of a variance or appeal will not unreasonably diminish or impair the value of surrounding properties.
(8) Neighborhood character. The granting of a variance or appeal will not alter the essential character of the neighborhood.
(9) Light and air. The granting of a variance or appeal will not impair the adequate supply of light and air to adjacent property.
(10) Promotes orderly development. The size, character and location of a development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.
(11) Traffic flow. A development permitted upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.
(12) No nuisance impacts. A development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights, or other undesirable impacts on surrounding properties.
(13) Impact on adjacent properties. The location, design, and height of buildings, structures, fences, or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use, or value of adjacent land or buildings.
(14) 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. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particu1ar services and facilities in specific areas of the city.
(B) Criteria applicable to use variances.
(1) The Zoning Board of Appeals shall not grant a use variance unless it finds that an unnecessary hardship exists, in accordance with the following criteria
(a) Reasonable use. The Zoning Board of Appeals must find that the property in question cannot reasonably be put to a conforming use if used in strict compliance with this chapter.
(b) Unique circumstances. The Zoning Board of Appeals must find that the plight of the property owner is due to unique circumstances and not general neighborhood conditions.
(c) Essential character of the area. The Zoning Board of Appeals must find that the use variance, if granted, will not alter the essential character of the area or neighborhood.
(d) Self-created problem. The Zoning Board of Appeals must find that the hardship upon which the use variance is based is not self-created.
(2) A use variance shall not be construed as a change in the zoning of the property, nor shall it be construed as an addition to the uses permitted in a district.
(C) Criteria applicable to appeals. The Board shall reverse an order of an enforcement official only if it finds that the action or decision appealed:
(1) Was arbitrary or capricious;
(2) Was based on an erroneous finding of a material fact;
(3) Constituted an abuse of discretion;
(4) Was based on erroneous interpretation of the Zoning ordinance or zoning law.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999