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Zoning Board of Appeals

Zoning Board of Appeals

Meetings are scheduled after receipt of applications received for zoning variances and interpretations of the zoning ordinance. They are held at the Flushing City Hall, 725 E. Main Street, Flushing, Michigan 48433, at 7:30 p.m.

The cost of applying for a variance has been set for administration and advertising of public hearings, plus the cost of professional services that the city requires for review of applications. The services may include the city planner, attorney, and/or the city engineer. Applications may be found here.

The Zoning Board of Appeals (ZBA) is established in accordance with Act 207, PA 1921 as amended.

The Zoning Board of Appeals consists of not less than five (5) Regular Members, and two (2) Alternate Members. Members of the ZBA are appointed to staggered terms by resolution of the City Council. One member of the ZBA is a member of the Planning Commission.

(1) Meetings are conducted according to the following order of business:

(a) Call to order

(b) Roll call

(c) Pledge of Allegiance

(d) Approval of Minutes of the previous meeting

(e) Agenda Approval

(f) Meeting Open to the Public

(g) Old Business

(h) New Business

(i) Staff Reports

(j) Adjournment

The concurring vote of a majority of the appointed members of the board shall be necessary:

    (1) To reverse any order requirement, decision, or determination of any administrative official or body.

    (2) To decide in favor of the applicant on any matter upon which the Board is required to pass under this ordinance.

    (3) To affirm any interpretation of the zoning ordinance text or zoning district map.

    (4) To effect any variance in the requirements of this ordinance, except that a concurring vote of 2/3 of the members of the ZBA shall be necessary to grant a variance from uses of land permitted in an ordinance.

Per 153.1106 of the Zoning Ordinance, the Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of the zoning ordinance. The powers of the Zoning Board of Appeals include:

    Appeal of Administrative decisions. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator or any other administrative official or body in carrying out or enforcing any provisions of this ordinance.

    Interpretation. The Zoning Board of Appeals shall have the power to hear requests for interpretation of the text of this ordinance as well as the zoning map.

    Variance. The Zoning Board of Appeals shall have the authority to consider use variances and non-use variances.

VARIANCES.

Each case before the Zoning Board of Appeals is considered as an individual case and conforms to the detailed application to the following standards in a manner appropriate to the particular circumstances of such case.

(A) Use Variances

In order to approve a variance in the permitted use of land, the applicant must demonstrate unnecessary hardship. To demonstrate unnecessary hardship, the Zoning Board of Appeals must find that all of the following standards have been met:

    (1) The property cannot be put to a reasonable use as currently zoned.

    (2) The problem is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

    (3) The proposed use will not alter the essential character of the area.

    (4) The problem is not self-created.

    (5) The spirit of the ordinance will be observed, public safety secured and substantial justice done if the variance is approved.



(B) Non-use variances

In order to approve a variance in requirements of the ordinance other than permitted use of the land, the applicant must demonstrate practical difficulty. To demonstrate practical difficulty, the Zoning Board of Appeals must find that all of the following standards have been met:

    (1) Strict enforcement of the provisions of this ordinance would cause unnecessary hardship and deprive the owners of rights enjoyed by all other property owners within the same district

    (2) There are conditions and circumstances unique to the property, such as an exceptional narrowness, shallowness, shape or area or topographic conditions, which are not similarly applicable to other properties in the same zoning district

    (3) 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

    (4) The requested variance will not confer special privilege that is denied other properties similarly situated and in the same zoning district

    (5) In addition to meeting the standards listed above, the requested variance will not be contrary to the spirit and intent of this Zoning Ordinance and will not be detrimental to the public good

INTERPRETATION

The ZBA shall have the power to interpret the provisions of the Ordinance in such a way as to carry out the intent and purpose of this ordinance. In case of any question as to location of any boundary line between zoning districts, the Zoning Board of Appeals shall interpret the Zoning Map, after recommendation from the City Planning Commission. In interpreting the location of district boundaries, the ZBA shall use the rules of interpretation identified in Section 153.303 of this ordinance. The ZBA shall also have the authority of interpreting whether or not a specific use is permitted within a specific zoning district. In carrying out this interpretation, the ZBA may not interpret a specific use as being included in a broader class of uses if that specific use is listed separately in other districts.

FORMS

Persons wishing to apply for an appeal or interpretation to the provisions of the zoning or sign ordinance may submit an application by using the following forms:

{forms for application and interpretation}

MEETINGS

Meetings are scheduled upon the receipt of an application for an interpretation or variance. Typically, a meeting cannot be scheduled for at least sixty (60) days before the hearing date due to publishing requirements that are mandated by state law.

City of Flushing Zoning Board of Appeals Bylaws and Guidelines

Zoning Board of Appeals Fees
Fee Schedule
   
Variance Application
  $525.00

Professional Consultant Review Services

(An escrow account will be required to be opened with $600 per application)

  Actual Costs
   

The fees were adopted by City Council to go into effect on July 1, 2016.

These fees are subject to change by action of City Council.