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City of Muskegon Zoning Ordinance
Excerpted from Article XXV (Zoning Board of Appeals), Section 2502: Powers and Duties
(emphasis given)
Nonuse or Dimensional Variances
The ZBA shall have the power to authorize upon appeal in specific cases, filed as required by this
article, such nonuse or dimensional variances from the provisions or requirements of this chapter as will
not be contrary to the public interest; but only in such cases where, owing to special conditions
pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of the
chapter would cause practical difficulty.
Where, by reason of the exceptional narrowness, shallowness or shape of a specific piece of property on
the effective date of the ordinance from which this chapter is derived, or by reason of exceptional
topographic conditions, or other extraordinary situation or condition of such piece of property, or of the
use or development of property immediately adjoining the piece of property in question, the literal
enforcement of the requirements of this chapter would involve practical difficulties, unnecessary to carry
out the spirit and purpose of this chapter, the ZBA shall have the power to authorize a variance from
such strict application, so as to relieve such difficulty and so that the spirit and purpose of this chapter be
observed and substantial justice done. In authorizing a dimensional variance, the ZBA may attach
thereto such conditions regarding the location, character, and other features of the proposed structure or
use as it may deem necessary in the interest of the furtherance of the purposes of this chapter and in the
public interest.
No such dimensional variance in the provisions of requirements of this chapter shall be authorized by
the ZBA unless the ZBA finds, beyond reasonable doubt, that all the following facts and conditions
exist:
a. 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 class of uses in the same zoning district.
b. That such dimensional 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.
c. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
d. That the alleged difficulty is caused by the Ordinance and has not been created by any
person presently having an interest in the property, or by any previous owner.
e. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the difficulty.
City of Muskegon Zoning Ordinance
Excerpted from Article XXV (Zoning Board of Appeals), Section 2502: Powers and Duties
(emphasis given)
Use Variances
The ZBA shall have the power to authorize upon appeal in specific cases, filed as required by this
article, such use variances from the provisions or requirements of this chapter as will not be contrary to
the public interest; but only in such cases where, owing to special conditions pertaining to a specific
piece of property, the literal enforcement of the provisions or requirements of the chapter would cause
unnecessary hardship.
The purpose and intent of this Ordinance is that every landowner in the City of Muskegon should enjoy
a beneficial use of their property. A use variance is a process by which the City evaluates the allegation
that there is no beneficial use, and can provide relief from the regulations by granting additional
development potential to provide a beneficial use of the property. It is also the intent of this Section that
such relief not increase the potential for damaging the health, safety, or welfare of future users of the
property or neighbors that might reasonably anticipated if the landowner were permitted to engage in or
construct the use proposed. Under no conditions shall a use variance be granted unless there is a finding
of no beneficial use.
No such use variance in the provisions of requirements of this chapter shall be authorized by the ZBA
unless the ZBA finds that all the following facts and conditions exist:
a. That the property could not be used (put to a reasonable use) for the purposes permitted in
that zone district.
b. That the plight is due to unique circumstances peculiar to the property and not to general
neighborhood conditions.
c. That the proposed use would not alter the essential character of the area and will not
materially impair the purposes of this ordinance or the public interest.
d. That the alleged hardship is caused by the Ordinance and has not been created by any
person presently having an interest in the property, or by any previous owner.
e. That the alleged hardship is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the hardship.
g. That the use variance does not permit a use specifically identified by this Ordinance as a
use excluded from the particular zone in which requested.
h. The extent to which the ordinance protect users or neighbors from threats to health, safety
and welfare shall be considered. A use that seriously threatens the health of future
residents or neighbors is not a beneficial or allowable use.
i. In no case shall a use that is a nuisance per se, or a use which in that particular location
constitutes a nuisance, be granted as a use variance. Such uses are not legal uses of the
land.