ZoningVerdict

What is a zoning variance in Rochester Hills?

A variance is permission from the Zoning Board of Appeals to depart from a specific zoning standard on your property. Most residential variances are dimensional, covering numbers like setbacks, height, and lot coverage.

The standard for a dimensional variance is practical difficulty, decided by majority vote (§ 138-2.407). The board must make findings that include:

  • Strict compliance would unreasonably prevent a permitted use or be unnecessarily burdensome.
  • A lesser variance would not suffice.
  • The problem stems from unique circumstances of the property.
  • The problem is not self-created.

A variance to allow a use the district does not permit is a use variance, which carries a harder standard and more prerequisites (§ 138-2.408). The ZBA has 7 members plus 2 alternates appointed by City Council (§ 138-2.103).

Sources

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

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