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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.
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