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: *.
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