Zoning Board of Appeals/Zoning
Variances
Zoning variances are intended to provide administrative relief from a zoning provision that causes practical difficulty or
unnecessary hardship for a property owner, due to unique circumstances of the
property. In other words, a zoning variance is official permission to "violate"
a specific ordinance requirement when certain findings have been made. Only the Zoning Board of Appeals
can grant variances. The "Zoning Enabling Acts" required that a Zoning Board of
Appeals be established to consider requests for variances.
There are four types of variances:
area/dimension (non-use) variances; use
variances; administrative reviews; and interpretation variances.
Area/Dimension (Non-Use) Variances
This is the most
common variance request. A non-use variance addresses issues such as the height
of a building, setback of a building, and area of a sign.
For an area/dimension (non-use) variance application and criteria form that
can be filled out online, plus application procedures, click on the following link:
Use Variance
A use variance permits a use of land that is not otherwise
permitted in that zoning district. This, effectively, rezones the parcel
without legislative (City Council) action. Use variances are considered
inappropriate except when the property CANNOT be reasonably used as it is
presently zoned and other attempts to obtain local approval (e.g., through
rezoning) have been denied.
For a use variance application and criteria form that can be filled out
online, plus application procedures, click on the following link:
Administrative Review
The Zoning Board of Appeals can hear and decide
appeals where it is alleged that there is an error in an order, requirement,
permit, decision or refusal made by an official, board or commission in carrying
out or enforcing any provisions of the Zoning Ordinance. Such appeals must be
filed within thirty (30) days of the date of the order, decision, refusal or
requirement being appealed.
For more information on this type of request, click on the link below:
Interpretation
The Zoning Board of Appeals has the authority to hear
and decide requests for interpretation of the Zoning Ordinance text, including
the zoning map.
For more information on this type of request, on the following link:
Time Required
The average time required to complete a Zoning Board of Appeals request is less than
30 days.
The applicant should consult the Planning Department for advice regarding the
zoning appeal request.
Procedure
Petitioner
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Submits appropriate application and any accompanying documentation as
required above to the City Planning Department along with a $125.00 filing
fee. Check must be made payable to The City of Midland. The application and any
accompanying documentation should
be received at least three (3) weeks before the next scheduled Zoning Board of
Appeals meeting in order to have the appeal heard at that meeting.
Planning Department
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Places a notice of the public hearing in the newspaper at least ten (10) days
prior to the date of the hearing.
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Except for an Ordinance interpretation, all property owners and occupants of all
single- and two-family dwellings within three hundred (300) feet of the site are
notified of the public hearing by First-Class Mail at least ten (10) days prior
to the date of the hearing.
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Prepares a staff report for the Zoning Board of Appeals.
Zoning Board of Appeals
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Receives the application and staff report from Planning Department staff.
The Board usually makes its determination at the same meeting as the public
hearing. However, additional information may be needed before a decision can be
made. In this instance, the Board shall make its decision within a reasonable
amount of time.
A copy of the Board’s decision shall be mailed to the applicant.
The decision of the Zoning Board of Appeals is final. Persons objecting to
the decision may appeal to the Circuit Court.
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