TheReview_Jan_Feb_2022 Flipping Book

There are two types of variance requests, use variances and non-use or dimensional variances. Each of these types of variances have specific standards that must be considered by the ZBA before it reaches a decision. For dimensional variance, the applicant must demonstrate a practical difficulty. For a use variance the applicant must demonstrate an unnecessary hardship—which is a more difficult test.

Zoning and Subdivision Reviews The municipality’s zoning ordinance will include the process and procedures for reviewing development projects. Often the planning commission will be responsible for reviewing and approving site plans for new development or redevelopment. Planning commissions also review special or conditional land use requests, and planned unit development requests.

Dimensional Variance—Practical Difficulties • Unique circumstances applying to the property • Will not adversely impact adjacent properties • The need for the variance was not self-created • The variance is the minimum necessary

Use Variance—Unnecessary Hardship • Property cannot be put to a reasonable use

Zoning Board of Appeals If you have a zoning ordinance, you are required to have a zoning board of appeals (ZBA). The governing body appoints the zoning board of appeals and the MZEA establishes its roles and responsibilities. These responsibilities include hearing: administrative appeals where a property owner disagrees with a decision made by the planning commission or a zoning administrator; interpretations where the zoning ordinance is unclear; and variance requests where a property owner is seeking relief from the provisions of the zoning ordinance.

• Hardship is due to circumstances unique to the property • Variance will not alter the essential character of the area • Variance is minimum necessary • Hardship is not self-created This is only the tip of the iceberg regarding how effective planning and zoning can help your community achieve its hopes and aspirations.

John R. Jackson, A IC P, is president of McKenna. You may reach him at 888.226.4326 or jjackson@mcka.co m.

PLANNING DESIGN BUI LDING

Delivering thoughtful solutions.

It all starts with listening. McKenna professionals engage with community officials to identify key challenges before developing creative, thoughtful solutions to realize the unique vision of each planning, design, and building assignment. Our professionals even provide communities with high quality, on-location help in zoning administration, building, and planning. By tailoring our services to your needs, you benefit from McKenna specialists. Commit to no more than you need but secure the support and resources of some of the state’s best talent, only when you need it. With offices in Detroit, Grand Rapids, Kalamazoo, and Northville, our professionals are immediately poised to serve Michigan’s elected and appointed leaders as we look to a brighter 2022.

Communities for real life.

MCKA.COM · 888.226.4326

12 THE REVIEW

JANUARY / FEBRUARY 2022