ZoningVerdict

How is a use variance different from a regular variance in Rochester Hills?

A use variance lets a property host a use its zoning district does not permit, and it is harder to get than a dimensional variance. The standard is unnecessary hardship, not practical difficulty, and approval requires a two-thirds vote of the Zoning Board of Appeals (§ 138-2.408).

Two prerequisites must come first (§ 138-2.408):

  • A written determination from the building department that the use is not permitted.
  • A final City Council denial of a rezoning request.

Compare the dimensional variance: practical difficulty standard, majority vote, with findings about unique circumstances and a problem that is not self-created (§ 138-2.407).

In short, a use variance asks the board to override the use table itself, so the ordinance sets a higher bar and a longer road. Talk to Planning and Economic Development before starting at 248-656-4660.

Sources

Full text: Rochester Hills ordinance on Municode. Applies to district: *.

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