ZBA Application Procedures
Prior to application for the Zoning Board of Appeals (ZBA), the petitioner
must apply for and be denied a building permit. Building permit must be applied
for and denied before an application can be made to the ZBA. It must be stressed
that the Board takes a “dim view” of persons who build without obtaining a valid
permit and then try to get a variance to cover themselves. Furthermore, the ZBA
cannot grant a variance because it is inconvenient or more expensive to build to
Ordinance or solely to satisfy aesthetic concerns. The ZBA has generally found
that purely aesthetic considerations and self-created hardships are unacceptable
grounds for a variance.
Denial of permit may not qualify applicant for ZBA.
The ZBA must operate under strict guidelines laid down in the law. The Board
must have specific information before acting upon each petition. After a
building permit has been denied, the following procedure must be followed
to be placed on the ZBA agenda.
1. A letter containing the following information must be received prior to
being placed on the ZBA agenda.
a. It must be indicated why there is a need to
construct the addition,
fence, garage, etc.
b. It must be indicated why the building cannot be in
compliance with
the Ordinance by relocating on
the site, making a size adjustment,
having a detached rather than
attached garage, etc.
2. Each submission must indicate if there are any physical problems with
the site that prevent building in compliance with the
Ordinance.
Examples are irregular shaped or substandard size lot
(standard size
lots are 60 X 120 feet), large trees or stream on lot, in
ground pool and
location of easements.
3. Clearly drawn and labeled plans/drawings of the proposed structure and
the site are essential to each case and must be
submitted in
seven (7) sets of each item, one set for each member
of the
Zoning Board of Appeals for review. The Board can only act if they
clearly understand the problem.
4. Completed application and fees must be received prior to being placed
on the agenda. Regular meetings are the first Thursday of the
month.
Fees are presently $125.00 for new and existing residential,
and
$175.00 for commercial/industrial applications. The deadline
for
submission is by noon on the Wednesday three weeks
prior to
the meeting.
To grant a variance, a simple majority of the five member Board is required. If
there are any questions about preparing a submission, please call the Plymouth
Township Building Department at (734) 354-3208.
PHYSICAL VARIANCE
A physical variance or the relaxation of a physical requirement offers a
property owner relief from the strict application of restrictions governing such
matters as area, set-backs, lot coverage and other physical requirements. The
physical variance does not effect what land use may be established on a parcel;
rather it covers issues related to how permitted land use can be developed in
the face of some practical difficulty. A physical variance is sometimes referred
to as an area variance, dimensional variance or non-use variance to distinguish
it from a use variance.
Zoning Ordinance No. 99, Article 31 permits the ZBA to grant a physical variance
where strict application of a physical requirement would result in unnecessary
hardship or practical difficulty. These terms are defined as follows:
Unnecessary Hardship
The term unnecessary or undue hardship refers to hardship based upon unusual
conditions in the size, shape, topography, directional orientation or building
characteristics for a specific property that make it impossible or impractical
for an owner to use the property for any permitted conforming use. The term does
not refer to personal hardship (e.g. the economic position of a property owner).
The hardship alleged must be on the property itself.
The following criteria must be satisfied to show unnecessary hardship:
a. The property could not reasonably be used for any purpose permitted
in the zoning district.
b. The plight is due to unique circumstances peculiar to the property and
not to general neighborhood conditions.
c. The grant of the variance would not alter the essential character of the
area.
d. The problem is not self-created.
The unnecessary hardship standard is a more stringent standard than the
practical difficulty standard. The unnecessary hardship standard is the standard
that must be met for a use variance in municipalities that may grant a use
variance. The Plymouth Township ZBA does not have the authority to grant a use
variance. If an applicant does satisfy the unnecessary hardship standard
however, he will have met the practical difficulty standard and thus be entitled
to consideration for a physical variance.
Practical Difficulty
Practical difficulty is a broad term designed to ensure flexibility in the
enforcement of the zoning ordinance so that the occasional “kinks” a generalized
zoning plan creates for some properties may be ironed out in a manner that will
ensure that the spirit of the ordinance is observed, public safety is secured,
and substantial justice is done.
The following criteria must be satisfied to show practical difficulty:
a. The problem is not self-created.
b. The plight of the landowner is due to the unique conditions of the
property. A unique condition is a condition that is peculiar
to the
subject property or to at most a few properties within the
same zoning
district and typically relates to a physical aspect of the
subject
property. but a variance to permit a three-car garage in the
same
neighborhood would not.
c. Compliance with the strict letter of the restrictions governing physical
requirements governing physical requirements such as lot
area, set
backs, and lot coverage unreasonably prevent the owner from
using the
property for a permitted purpose or would render conformity
with such
restrictions unnecessarily burdensome. Note that the
practical difficulty
standard only requires the applicant to demonstrate an
inability to
secure one permitted purpose whereas the unnecessary hardship
standard requires the applicant to demonstrate that all
permitted uses
within the district cannot be secured. As noted above, the
applicant is
only required to meet the practical difficulty standard for
the grant of a
physical variance.
d. The variance would grant fairness to the applicant and in a manner that
is consistent with the level enjoyed by others in the
district. For
example, a variance to accommodate a two-car garage in a
neighborhood where a two-car garage is the norm could be
justified
In practice, the Plymouth Township ZBA has found the practical difficulty
standard to be satisfied by conditions that are unique to the land or by
personal considerations that would become burdensome without relief. Note the
following examples:
Unique Land Conditions: Directional orientation, preservation of
vegetation , restrictions imposed on the lot by topographic constraints,
irregular shape, location of floodplain or wetlands, existing easement, location
of utilities.
Personal Considerations: Increase in family size, abnormal health
consideration, Township error.
You may pick up an Application for Zoning Board of Appeals in the Township
Building Department at 9955 N. Haggerty Road or print one from the
Forms
and Permits page.
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