Pursuant to the Zoning Enabling Act, the village council shall act as the zoning board of appeals. In addition to the general duties and powers conferred upon it by law, the board may interpret this chapter and, subject to the conditions set forth in this article, vary or modify the application of the regulations established in this chapter relating to the construction, structural changes or alteration of buildings or structures so that the spirit of this chapter shall be observed, public safety secured and substantial justice done. A member of the board shall disqualify himself or herself from a vote in which the member has a conflict of interest. A member of the board who is also a member of the planning commission and who votes on a variance request at a planning commission hearing shall not vote on the same request before the board.

(Ord. No. 200, art. 15, § 1500, 7-7-1997; Ord. No. 239, § X, 8-15-2006)

(a)

Appeals shall be commenced by a person filing a notice of appeal, accompanied by such appeal fee as may be specified by the village council. A notice of appeal may be filed by a person aggrieved, or an officer, department, board or bureau of state government or the Village of Grosse Pointe Shores.

(b)

The notice of appeal shall also be accompanied by a fully completed application, using a form to be specified by the zoning board of appeals, along with plot plans meeting the rules of procedure adopted by the board. The notice of appeal shall specify the specific grounds upon which the appeal is based, and shall be signed by the applicant. It shall also specify the requirements from which a variance is sought and the nature and extent of such variance.

(c)

Upon receipt of an appeal, the village manager or designee will review it to insure it is complete and the fee is paid. If the application is not complete, it shall be returned to the applicant with a letter that specifies the additional material required. If the application is complete, the village manager or designee shall refer the appeal to the planning commission for a public hearing, review and recommendation.

(d)

The board shall hold a hearing on the appeal, after providing notice as required in this chapter and by state law. Any person may appear at the hearing in person, by agent or by attorney.

(Ord. No. 200, art. 15, § 1501, 7-7-1997; Ord. No. 239, § X, 8-15-2006)

(a)

Interpretation. The board shall interpret the text of this chapter and the official zoning use map, and all matters relating thereto, whenever a question arises as to the meaning and intent of any provision or part of this chapter.

(b)

Appeals from administrative decisions. The board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, interpretation, requirement, permit decision or refusal made by the zoning official in enforcing any provision of this chapter.

(c)

Dimensional (nonuse) variance. The board may permit variation or modification of yard, lot area, percentage of lot coverage, height, dimension, design standard, parking spaces, walls and buffers, landscaping and floor area requirements of this chapter, and may permit nonconforming structures to be structurally changed, altered or enlarged, as may be necessary to secure an appropriate improvement of a parcel of land which is of such a size, shape or dimension, or which has such peculiar or exceptional geographical or topographical conditions, that it cannot be appropriately improved without such variation or modification. The board may also permit variation or modification of the requirements for the location of satellite dish antennae under Ordinance Code Section 6-75; the location of swimming pools and related structures under Ordinance Code subsections 6-174(b) and (c); the location of generators under Ordinance Code Section 6-244; or the construction requirements or location of fences, walls or hedges under Ordinance Code Sections 12-4 or 12-5. No such variance shall be authorized, however, unless the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:

(1)

The strict enforcement of the requirement(s) of this chapter would unreasonably deprive the owner of rights enjoyed by all other property owners owning property within the same district, or will render conformity with the requirement(s) unnecessarily burdensome;

(2)

The requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood, and will not materially impair the intent and purpose of this chapter or of the public interest;

(3)

The conditions and circumstances are unique to the subject property and are not similarly applicable to other properties in the same district, i.e., the conditions or situation of the specific piece of property, or the intended use of the property for which the variance is sought, cannot be so general or recurrent in nature as to create a general rule for such condition or situation;

(4)

The conditions and circumstances unique to the property were not created by the owner, or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property;

(5)

The requested variance will not confer special privileges that are denied other properties similarly situated and in the same district;

(6)

The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district; and

(7)

The requested variance will not be contrary to the spirit or intent of this chapter.

(d)

Use variance. A use variance is a modification of the literal provisions of this chapter to permit a use of land that is otherwise not allowed in the district. A use variance may only be authorized by the board when the applicant demonstrates in the official record of the public hearing that strict enforcement of this chapter would cause undue hardship for the property owner by showing all of the following:

(1)

The requested variance is due to exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not generally apply to other properties or uses in the same district or zone and are not due to the applicant's personal or economic hardship;

(2)

The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity;

(3)

The granting of such variance will not unreasonably increase the congestion in public streets or the danger of fire, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or impair an adequate supply of light and air to adjacent property;

(4)

Allowing the requested variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure of the board to grant a variance, and the rights of others whose property would be affected by the allowance of the variance;

(5)

The requested variance is the minimum variance that will make the reasonable use of the land, building or structure possible; and

(6)

The granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 200, art. 15, § 1502, 7-7-1997; Ord. No. 239, § X, 8-15-2006; Ord. No. 247, § I, 9-16-2008)

(a)

Every decision of the board shall be based upon findings of fact, and each and every such finding shall be supported in the record of the proceedings of the board.

(b)

A two-thirds majority vote of the members of the board is required to approve a use variance.

(c)

In authorizing a variance or taking any other action within its jurisdiction, the board may attach such conditions as may be deemed necessary in the furtherance of the purposes of this chapter, provided, any conditions are in compliance with the three standards listed in subsections 40-423(3)(a)—(c).

(d)

The decision of the board is final. A person aggrieved by a final decision of the board may appeal to the circuit court for the county in which the property is located, pursuant to Section 605 of the Zoning Enabling Act.

(Ord. No. 239, § X, 8-15-2006)