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Rules of Procedure
Variances
Appeals which are brought before the Zoning Board of Appeals
generally seek relief from the strict application of the ordinances
of the City of Novi and may include "Use" variances and "Non-use" or
"Dimensional" variances.
Use Variances
Seek permission to use land for a purpose not otherwise permitted
within the underlying zoning district. A petitioner is
expected to demonstrate unnecessary hardship, which will include
some or all of the following criteria: (1) the land cannot be
reasonably used as currently zoned; (2) the plight is due to unique
circumstances associated with the particular parcel of property (not
general neighborhood conditions); (3) the use will not alter the
essential character of the area; (4) the problem is not
self-created; and (5) the variance will not impair the intent or
purpose of the Ordinance or the Master Plan.
Non-Use or Dimensional Variances
Seek modification of the strict application of the Zoning
Ordinance when circumstances unique to the property cause practical
difficulties for the property owner. A petitioner is expected
to demonstrate some or all of the following criteria: (1) that
strict enforcement of the Ordinance unreasonably prevents the owner
from using the property for a permitted use, or conforming to the
Ordinance would be unnecessarily burdensome; (2) that the proposed
variance will not negatively impact upon the other property owners
affected by the variance; (3) that there is not a lesser variance
which could remedy the problem; (4) that the need for the variance
is due to the unique circumstances arising from the property; (5)
that the need for the variance is not self-created.
Burden of Proof
At all times, the burden of proof remains with the Petitioner.
The Board does not need to present evidence to defeat a variance; it
is the Applicant who needs to submit sufficient testimony and
evidence sufficient to meet the criteria set forth herein.
Procedures
- Where a Variance related to a sign is requested, a rendering,
specimen, or "mock up" of the proposed sign, as well as a
rendering of the size sign permitted by Ordinance (permitting a
comparison) shall be available for inspection by the Board prior
to consideration of the Variance.
- Where a residential homeowner seeks a dimensional variance,
the Applicant shall have sought approval from the Homeowners
Association, as well as informed adjacent neighbors and any other
person directly affected by the proposed Variance.
- All documents or evidence, other than testimony, shall be
filed in accordance with procedures of the City of Novi Department
of Building and Safety, and in no event later than 14 days prior
to the subject hearing. Any documents or evidence submitted later
(or at the time of the Hearing) need not be considered or reviewed
by the Board and the Board may only set such refusal aside upon a
demonstration of abuse of discretion. The Board my however,
accept such materials for purposes of entry into the record of the
hearing.
- In the event an Applicant does not appear in support of the
Appeal, the Board may move to dismiss the Appeal for reason of
non-appearance. The applicant may obtain review of the
initial petition by refiling, including the payment of necessary
filing fees, by the Applicant.
- A pending application may be adjourned on request of the
Applicant for good cause provided such request is made 7 or more
days in advance of the hearing. In the event of demonstrated
hardship, including illness, adverse weather, or the like, the
Board may table said petition to the next meeting.
- Cases shall be heard in the order filed with the City of Novi,
with the intention that the earliest filed case will be heard
first, provided this shall not preclude the Board from approving
alterations in the Agenda.
- The Board shall have the right to limit cases to 15 per
meeting and have the right to postpone additional cases to the
next regularly scheduled meeting.
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