City Code § 154.164 VARIANCES
(D) To obtain a, the applicant must show practical difficulty by demonstrating that of the following conditions exist:
- (1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes or uses in the same zoning district; exceptional or extraordinary circumstances or conditions normally include:
- (a) Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;
- (b) Exceptional topographic conditions or other extraordinary situation on the land, building or structure; or
- (c) Use or development of the property immediately adjoining the property in question.
- (2) That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same zoning district and in the vicinity.
- (3) That the variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practicable.
- (4) That the authorizing of such variance will not be a substantial detriment to adjacent property.
- (5) That authorizing of the variance will not materially impair the purposes of this chapter or the public interest.
- (6) That the need for the variance is not created by any action of the applicant or previous owner.
(E) The Board of Appeals shall have the power to decide application forfrom the provisions of this chapter for the following conditions:
- (1) Literal enforcement of the requirements of this chapter would cause undue hardships to the applicant due to:
- (a) The property can not be used for purposes permitted in that zone;
- (b) The problem arises because of the property's unique circumstances rather than general neighborhood conditions;
- (c) The use variance will not change the essential character of the area;
- (d) The problem is not self-created;
- (e) The use or development of property immediately adjoining the property in question is not adversely effected due to increase in traffic, noise, odor, vibration, etc.;
- (f) The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.
Mount Pleasant, Michigan City Code (excerpt) 04/01/2010