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Novi Studio VI
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Elements of Unnecessary Hardship and
Practical Difficulty

Elements of Unnecessary Hardship

  • That the property can not be reasonably used for the purposes permitted in the zoning district (i.e., property will not yield a reasonable return).
  • That the plight of the property owner is due to unique circumstances peculiar to his or her property and not to general neighborhood conditions.
  • That the use variance will not alter the essential character of the area.
  • That the proponent’s problem is not self created.

Additional Novi Ordinance Standards (Section 3104)

Inasmuch as a variance allows an individual to take action contrary to the Zoning Ordinance (which Ordinance was enacted by the City’s legislative body), variances should only be granted if a proponent has demonstrated to the Zoning Board of Appeals that he/she meets the requirements of the appropriate legal standards. If the proponent establishes the required legal standard, the Board of Appeals must grant the variance.

The Zoning Board of Appeals must ensure that the spirit of the Zoning Ordinance is observed, public safety is secured and substantial justice done.

 

Elements of Practical Difficulty

A variance may be granted if:

  • Setback, frontage, height, bulk and density requirements unreasonably prevent the use of the property for a permitted purpose.
  • Will variance provide substantial justice to petitioner and surrounding property owners in zoning district?
  • Are there unique circumstances of the property?
  • Is the problem self created?
  • Adequate light and air is provided to adjacent properties.
  • No increase of fire danger or public safety.
  • Property values will not be diminished within surrounding area.
  • The spirit of the Zoning Ordinance is observed

Additional Novi Ordinance Standards (Section 3104)

Granting the variance will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the danger of fire or endanger public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impact the public health, safety, comfort, or morals or welfare of the inhabitants of the City of Novi.

The Zoning Board of Appeals must ensure that the spirit of the Zoning Ordinance is observed, public safety is secured and substantial justice done.

Proponent must meet all requirements set forth above before a non use or area variance can be granted.