All districts
The Zoning Board of Appeals hears appeals of administrative decisions, interprets the ordinance, and grants dimensional variances under a practical difficulties standard: the condition must be unique to the property, not self-created, and the variance must not bestow a special privilege (Section 7.16.E.7). Use variances are effectively unavailable; establishing a use otherwise prohibited cannot be allowed by variance, and no variance may be granted for a special land use or PUD once approved (Section 7.16.E). Fence matters may also be appealed to the ZBA under the Fence Ordinance (Code Sec. 10-315).
Process: apply to the Planning and Zoning Department with a site plan and letter of intent; if a site plan or sign approval needs a variance, the Planning Commission must consider it first. The ZBA hears the application at its next regular meeting or within 45 days, decides by concurring majority vote, and communicates its decision in writing within one week (Section 7.16.C; Section 7.16.E.5, 6). Decisions may be appealed to Macomb County Circuit Court under Public Act 110 of 2006 (Section 7.16.D.1.c). The ZBA may also permit temporary structures for up to six months with extensions (Section 7.16.F).
Nonconforming uses are split into Class A (designated by the Planning Commission, which has sole designation authority; a Class A use may continue and even be restored) and Class B (may not be enlarged, moved, or restored after damage over 50 percent of replacement cost, and lapse after abandonment) (Section 7.15).