Permit Process

City Officials' Intentional Misconduct - Mount Pleasant, MI Zoning

Saturday, June 30, 2012

Zoning Board and Fictitious Variance Criteria

Planners, city staffers and the Zoning Board of Appeals have worked out variance criteria not found in the zoning ordinance; their 'Other Plan'. At planning commission request the ZBA clarified their 'rare occurrence' criteria which modifies the ordinance density standard, accommodating two additional occupants.

City Code §154.164(D) To obtain a non-use or dimensional variance, the applicant must show practical difficulty by demonstrating that all of the following conditions exist: Ordinance Criteria

ZBA Criteria:

"That List"
state law : violation
local statute : violation
breach of duty, oath, ethics

City Code §154.095(E) No rooming dwelling shall provide less than 300 square feet of floor area and 900 square feet of land area per occupant. Michigan Statute M.C.L. 125.3604(7) If there are practical difficulties for nonuse variances the zoning board of appeals may grant a variance. The ordinance shall establish procedures for the review and standards for approval.

Saturday, June 30, 2012

Zoning Board and Fictitious Variance Criteria

Planners, city staffers and the Zoning Board of Appeals have worked out variance criteria not found in the zoning ordinance; their 'Other Plan'. At planning commission request the ZBA clarified their 'rare occurrence' criteria which modifies the ordinance density standard, accommodating two additional occupants.

City Code §154.164(D) To obtain a non-use or dimensional variance, the applicant must show practical difficulty by demonstrating that all of the following conditions exist: Ordinance Criteria

ZBA Criteria:

"That List"
state law : violation
local statute : violation
breach of duty, oath, ethics

City Code §154.095(E) No rooming dwelling shall provide less than 300 square feet of floor area and 900 square feet of land area per occupant. Michigan Statute M.C.L. 125.3604(7) If there are practical difficulties for nonuse variances the zoning board of appeals may grant a variance. The ordinance shall establish procedures for the review and standards for approval.