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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