What is a use variance in Royal Oak, and how hard is it to get?
A use variance lets a property be used in a way its zoning district does not allow, and it is deliberately hard to get. In Royal Oak the standard is unnecessary hardship, which is more demanding than the practical difficulties test for dimensional variances, and approval requires a two-thirds vote of the Zoning Board of Appeals rather than a simple majority (§ 770-124B(1), § 770-124E(1)).
The ZBA has nine members appointed by the City Commission (§ 770-121), so a use variance needs six votes.
Before pursuing one, consider the alternatives:
- If the use is listed as a special land use in your district, apply to the Planning Commission instead (§ 770-11)
- A rezoning through the City Commission may fit better for a lasting change
A ZBA order is valid for 1 year (§ 770-125K). Discuss strategy with the Planning Division at 248-246-3280 before filing.
Sources
Full text: Royal Oak ordinance on eCode360. Applies to district: *.
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