ZoningVerdict

Variances and appeals in Royal Oak, MI

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

All districts

The Zoning Board of Appeals has nine regular members and no alternates, appointed by the City Commission (§ 770-121). For meeting dates, check the city's posted meeting schedule.

  • Dimensional (nonuse) variances: decided under the practical difficulties standard by majority vote. The findings include unique circumstances, that no lesser relaxation would suffice, and that the difficulty is not self-created; relief must be the minimum necessary (§ 770-124B(3); § 770-124E(2)).
  • Use variances: decided under the stricter unnecessary hardship standard, by a two-thirds vote (§ 770-124B(1); § 770-124E(1)).
  • Administrative appeals: file within 30 days of the Zoning Administrator's decision (§ 770-124C; § 770-125B). A ZBA decision may be appealed to circuit court within 21 days (§ 770-125L). ZBA orders stay valid for one year (§ 770-125K).
  • Site plans: the Planning Commission approves them, but one- and two-family dwellings and their accessory storage buildings are exempt (§ 770-12A(2)). Minor modifications under 500 square feet or 10 percent of floor area are reviewed administratively by the Zoning Administrator (§ 770-12D).
  • Special land uses go to the Planning Commission, a body the ordinance text also calls the Plan Commission in places (§ 770-11). The ZBA cannot hear special land use or PUD appeals unless the Planning Commission authorizes it (§ 770-124E).
  • Sign variances go to the Planning Commission (§ 607-16). Fence waivers go to the ZBA (§ 323-5D).

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