Holly City Zoning Code
BOARD OF
APPEALS
§ 157.240 CREATION AND MEMBERSHIP.
(A) There is hereby established a Board of Appeals, which shall perform its duties and exercise its power as provided in the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, and in such a way that the objectives of this subchapter shall be served, public safety served, and substantial justice done.
(B) (1) (a) The Board of Appeals shall consist of seven members, each to be appointed for a term of three years. The terms of the seven members shall be staggered in such manner so as to provide for the appointment of no less than one, nor more than three members each year. One member may be a member of the Village Council and one member shall be a member of the Planning Commission and/or Zoning Commission, as required. In the event a member of the Board of Appeals is elected to the Village Council and such election increases the number of Council persons serving on the Board of Appeals to more than one, then such member’s seat on the Board of Appeals shall be deemed vacant.
(b) Such vacancy shall be filled for the remainder of the unexpired term by appointment in the same manner as for regular appointments for full terms. The former Council member shall be eligible to be appointed to such vacancy, but such appointment shall not be deemed to be the appointment of a Council member.
(2) The Village Council may appoint two alternate members for three-year terms. The alternate members may be called on a rotating basis, as specified in the rules of procedure of the Board of Appeals, to sit as regular members of the Board of Appeals in the absence of then regular members. An alternate member may also be called on 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 Appeals. Members of the Board of Appeals may be removed from office by the Village Council for cause upon written charges and after a public hearing. Vacancies shall be filled by resolution of the Village Council.
(Ord. 268, passed 8-13-1996; Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.241 MEETINGS.
(A) All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such times as the Board may determine. All hearings conducted by the Board of Appeals shall be open to the public. The Secretary, or his or her representative, shall keep minutes of the proceedings, recording the vote of each member upon each question, and indicating absences and abstentions, and shall keep records of hearings and other official action.
(B) The Board of Appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.242 APPLICATION AND PROCEDURES.
(A) An appeal may be taken to the Board of Appeals by any person, firm, or corporation, or by any officer, department, board, or bureau affected by a decision of the Zoning Official charged with enforcement of the ordinance.
(B) Appeals to the Board of Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, board, or bureau of the village affected by any decision of the Zoning Official. Such appeals shall be taken with a reasonable time of the aggrieved action, not to exceed 21 days, by filing with the Zoning Official a notice of appeal specifying the grounds thereof. The Zoning Official shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(C) Appeals shall be submitted at least 20 working days before a scheduled meeting of the Board. A fee, as established by the Village Council, shall be paid to the Village Clerk-Treasurer at the time the notice of appeal is filed. Appeals shall be initiated by a person filling out an application to the Board of Appeals on forms and in such number as required by the village administrative directive. Applications involving a specific site shall be accompanied by a plot plan drawn to scale that includes the following information, where applicable:
(1) Applicant’s name, address, and telephone number;
(2) Property Identification (Sidwell), number, scale, north-point, and dates of submission and revisions;
(3) Zoning classification of petitioner’s parcel and all abutting parcels;
(4) Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site;
(5) For variances requested from any dimensional standards of these regulations, the plot plan shall include verification measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is sought; and
(6) Any additional information required by the Zoning Official or the Board of Appeals to make the determination requested herein.
(D) The Zoning Official shall forthwith transmit to the Board of Appeals the application and all the documents and records pertaining to the action being appealed. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Official certifies to the Board of Appeals, after notice of appeal has been filed with the Zoning Official, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record.
(E) The Board of Appeals shall fix a reasonable time for a hearing, not to exceed 60 days from the filing of the notice of appeal, and give due written notice of the hearing, to be personally delivered or mailed, at least 15 days thereof to the appellant and all owners of any real property within 300 of the premises in question according to the last assessment role. At the hearing, any party may appear in person or by agent or attorney and offer testimony if called as part of the proceedings.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.243 JURISDICTION.
(A) The Board of Appeals shall not have the power to alter or change the zoning district classification of any property, or to make any change in terms of this chapter, but shall have power to act on those matters where this chapter provides for an administrative review, interpretation, or exception permit and to authorize a variance as defined in this section and laws of the state.
(B) Said powers include the following:
(1) Administrative review. To 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 administering or enforcement of this chapter; and
(2) Variance.
(a) To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where, by reason of exceptional narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the owner of such property, provided, such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.
(b) In granting or denying a variance, the Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it deems reasonable in furtherance of the purpose of this chapter. In granting or denying a variance, the Board of Appeals shall state the grounds upon which it justifies the granting or denying of a variance. A variance to permit a use not otherwise permitted within a zoning district (i.e., a “use variance”) may be permitted by the Board of Appeals.
(Ord. 259, passed 10-24-1995; Ord. 395, passed 12-7-2008; Ord. passed 2-1-2012)
§ 157.244 STANDARDS FOR VARIANCES AND APPEALS.
Variances and appeals shall be granted only in accordance with Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, and based on the findings set forth in this section. The Board of Appeals shall review each case under at least one of the following provisions, as determined by the Board of Appeals.
(A) Criteria applicable to variances. Variances to the standards of this chapter shall be granted only where the Board of Appeals finds that a request for a variance satisfactorily meets all of the following criteria.
(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. The nonconforming condition of adjacent or nearby properties does not constitute a circumstance justifying the granting of a variance.
(5) 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.
(6) Relationship to adjacent land uses. The development permitted upon granting of a variance will 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 prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the village.
(B) Criteria applicable to appeals.
(1) The Board of Appeals shall reverse an order of the Zoning Official or other Enforcement Official only if it finds that the action or decision appealed meets one or more of the following conditions:
(a) The action or decision was arbitrary or capricious;
(b) The action or decision was based on an erroneous finding of a material fact;
(c) The action or decision constituted an abuse of discretion; or
(d) The action or decision was based on erroneous interpretation of this chapter or zoning law.
(2) Appeals to a denial of Board of Appeals may be taken to County Circuit Court.
(C) Exceptions.
(1) To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the zoning map, and for situations on which this chapter specifically authorizes the Board of Appeals to act;
(2) Any exception shall be subject to such conditions as the Board of Appeals may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:
(a) Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts accompanying and made part of this chapter, where sheet layout actually on the ground varies from the street layout as shown on the map aforesaid;
(b) Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements;
(c) Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is shaped such or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification;
(d) Permit modification of obscuring wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development; and
(e) Permit, upon proper application, the following character of temporary use, not otherwise permitted by § 157.052, not to exceed 12 months with the granting of one 12-month extension being permissible for uses which do not require the erection of any capital improvement of a structural nature.
(3) The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions.
(a) The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.
(b) The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted, and arrangements for removing the use at the termination of said temporary permit.
(c) All setbacks, land coverage, off-street parking, lighting, and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the village, shall be made at the discretion of the Board of Appeals.
(d) In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to: golf-driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems, or sanitary connections.
(e) The use shall be in harmony with the general character of the district.
(f) No temporary use permit shall be granted without first giving notice to owners of adjacent property and all owners of record listed in the latest assessment roll of the village located within 300 feet of the area of the request of the time and place of a public hearing to be held as further provided for in this chapter. Further, the Board of Appeals of Zoning Appeals shall seek the review and recommendation of the Planning Commission and/or Zoning Commission, as required, prior to the taking of any action.
(D) Votes required.
(1) The concurring votes of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of applicant in matter upon which is authorized by this chapter to render a decision.
(2) Nothing contained herein shall be construed to give or grant to the Board of Appeals the power or authority to alter or change this chapter or the zoning map.
(Ord. 259, passed 10-24-1995; Ord. 275, passed 5-13-1997; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.245 ORDERS.
In exercising the above powers, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such an order, requirement, decision, or determination as ought to be made, and to that end, shall have all the powers of the Zoning Official from whom the appeal is taken.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.246 NOTICE.
(A) The Board of Appeals shall make no determination on a specific case until after a public hearing. Notice of the hearing shall be given as required by the Michigan Zoning Enabling Act, Public Act 110 of 2008, being M.C.L.A. §§ 125.3101 et seq., as amended). Notice shall be given to all owners or tenants of property within 300 feet. Such notices shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll.
(B) The Board of Appeals may require any party applying to the Board of Appeals for relief to give notice to such other interested parties as it shall prescribe.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.247 ORDER VALIDITY; JURISDICTION OF THE BOARD.
(A) No order of the Board of Appeals permitting the erection of a building shall be valid for a period longer than one 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 Appeals permitting a use of a building or premises shall be valid for a period longer than one 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.
(C) The Board of Appeals shall not have any jurisdiction to consider any decision by the Village Council regarding a request for special land use Approval.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)