ZoningVerdict

Variances and appeals in Rochester Hills, MI

What the Rochester Hills zoning ordinance says about variances and appeals, district by district. Section numbers link to the official ordinance.

All districts

Three different bodies decide three different things in Rochester Hills.

  • Dimensional variances (setbacks, height, lot coverage): the Zoning Board of Appeals, under the practical difficulty standard, by majority vote (§ 138-2.407). Check the City's posted meeting schedule and current agenda calendar for the next Zoning Board of Appeals meeting.
  • Use variances: the ZBA, under the stricter unnecessary hardship standard, by two-thirds vote. First you need a written determination that the use is not permitted and a final City Council denial of a rezoning (§ 138-2.408).
  • Conditional uses: the Planning Commission holds a public hearing and recommends; City Council decides with written findings (§ 138-2.301). A denial blocks resubmission for 365 days absent new evidence. The ZBA cannot hear appeals of these decisions (§ 138-2.301.F).
  • Site plans: single-family homes and accessory structures of 200 square feet or less need no site plan review. New non-residential and multiple-family construction goes to the Planning Commission (§ 138-2.200, § 138-2.202). Check the City's posted meeting schedule for the next Planning Commission meeting.

Appeals of administrative decisions must be filed with the Planning and Development Department within 21 days (§ 138-2.404).

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