ZoningVerdict

How do I get a zoning variance in Orion Township?

Dimensional relief runs through the Zoning Board of Appeals. You file an Application for Appeal with a plot plan showing existing and proposed conditions (Section 30.06.C), and the ZBA holds a noticed public hearing, published and mailed to owners and occupants within 300 feet at least 15 days ahead (Section 30.06.C.2).

The standard is practical difficulty, applied under Michigan Public Act 110 of 2006 with findings that (Section 30.07.C):

  • Exceptional circumstances apply to your property that do not apply generally in the district.
  • The variance is necessary to preserve a substantial property right enjoyed by others in the area.
  • Granting it will not materially harm the public or neighboring property.

A concurring majority of the ZBA is required (Section 29.03.F). The decision comes within 60 days of the hearing, is final administratively, and is appealable to circuit court (Section 30.06.D). If denied, a rehearing is possible only with new evidence within 30 days (Section 29.03.G).

A granted variance is valid for 1 year; pull your building permit within that window. The Planning & Zoning Director can extend once for a year, and the ZBA can add up to two more extensions (Section 29.03.H).

Note the carve-out: special land use decisions cannot be appealed to the ZBA at all; those go to the Township Board (Section 30.06.A; Section 29.01.B). Check the township's posted meeting schedule for filing deadlines.

Sources

Full text: Orion Township ordinance on township-hosted per-article PDFs (revize CMS). Applies to district: *.

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