WHAT IS THE ZONING BOARD OF APPEALS?
The ZBA consists of three (3) members appointed by the Village of Breedsville Board of Trustees. The Michigan Zoning Enabling Act of 2006 gives the Zoning Board of Appeals the power to do the following:
- Hear appeals to grant variances from the requirements set forth in the Zoning Ordinance
- Render decisions based on interpretation of text contained within the Zoning Ordinance
- Render decisions based on interpretation of the boundaries contained within the Zoning Map
- Hear appeals of an administrative order, requirement, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance The ZBA does not have authority to hear an appeal by an aggrieved person regarding a decision of the Village Board on an application for special use or site plan review. The ZBA does not have the authority to grant a land use variance.
VARIANCE FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
WHAT IS A VARIANCE?
It is an exception to a requirement set forth in the Village of Breedsville Zoning Ordinance. (For example, if the zoning ordinance requires a structure to be 30 feet from the lot line and the owner wants to build a garage 15 feet from the lot line, the owner needs to obtain a dimensional variance of 15’ in order to build the garage.)
WHEN IS A VARIANCE NECESSARY?
A variance may be required when a landowner wishes to improve or develop the property but, due to a practical difficulty unique to the property, are unable to comply with the strict language of the Zoning Ordinance.
CAN ANYONE APPLY FOR A VARIANCE?
No. Only those persons who own the land or their agent may submit an application for a variance.
WHO DECIDES IF I WILL GET A VARIANCE?
The members of the Zoning Board of Appeals (ZBA) have the power to effect any variation in the zoning ordinance in specific cases. To grant a variance, at least two (2) members must vote in favor of the variance. In deciding a request for a variance, the ZBA shall be governed by the principles and standards defined in the Breedsville Zoning Ordinance.
INSTRUCTIONS FOR “APPLICATION FOR VARIANCE” APPLICATION:
Fill out the “Application For Variance From The Zoning Ordinance” form thoroughly and include all the attachments. The application is available online at www.breedsville.org under the “Permits” tab or email clerk at email@example.com The application must be signed by all person(s) whose name(s) appear on the deed to the Subject Property. If the “Applicant” is an agent acting on behalf of the property owner, attach a “Letter of Consent to the Application” signed by all owners, giving that person such authority.