ZoningVerdict

What is a zoning variance in Royal Oak?

A variance is permission to deviate from a specific zoning standard, granted by the Zoning Board of Appeals. Royal Oak's ZBA has nine regular members, no alternates, appointed by the City Commission (§ 770-121).

For a dimensional (nonuse) variance, such as a setback or lot coverage relaxation, the standard is practical difficulties, decided by a majority of Board members (§ 770-124B(1)). The ZBA must find:

  • The ordinance restrictions unreasonably prevent use of the property for a permitted purpose
  • Unique circumstances of the property
  • That no lesser relaxation would suffice
  • That the difficulty is not self-created
  • That the relief granted is the minimum necessary (§ 770-124E(2))

A variance runs with the decision for a limited time; ZBA building orders generally require a permit within one year and construction begun and carried through to completion; use orders generally require the use to be established within one year (§ 770-125K).

A request to change a prohibited use is a use variance, subject to the separate unnecessary-hardship test. For application forms and hearing dates, contact the Planning Division at 248-246-3280 and check the city's posted meeting schedule.

Sources

Full text: Royal Oak ordinance on eCode360. Applies to district: *.

Get the full picture for your property

Enter an address. We identify the zoning district and assemble what the ordinance says about it: permitted uses, dimensional rules, accessory structures, and the approval process.

District identification is free. The full brief is $79.