The Zoning Board of Appeals has authority to interpret the Zoning Ordinance and to grant variances from specific Ordinance requirements in cases where topography, size, shape, or other situations where the literal enforcement of the Ordinance would create undue hardship.
The authority to grant variances is generally limited to quantifiable requirements such as setbacks, lot size, or the like; however, any question relating to special circumstances regarding the use of the property may be considered.
The Zoning Board of Appeals has the authority to grant use variances. A use variance is a process by which the Zoning Board of Appeals 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.
A person desiring a variance from regulations of the Ordinance or an interpretation of the Ordinance may submit an application to the Zoning Administrator. The application should be accompanied by a site plan, if applicable, or a statement describing the request for an interpretation. Payment of the require fee must also be made at the time of the application.
The Zoning Administrator schedules a public hearing before the Zoning Board of Appeals. Notifications of the applications are mailed to all property owners and tenants within three hundred (300) feet of the property in question.
At the public hearing, the Board reviews staff reports, maps, and other pertinent information. The public, as well as the applicant, is given an opportunity to be heard. Prior to adjournment of the meeting, the Zoning Board of Appeals will either grant the petition in whole, or in part, or will deny the request.
The public is invited to attend any session of the Zoning Board of Appeals.
Objections to decisions rendered by the Zoning Board of Appeals may be appealed to the Circuit Court by the applicant or any other person.
Staff Liaison: Mike Franzak – 724-6702
Second Tuesday of each month at 4:00pm – Muskegon City Hall, 933 Terrace St, Muskegon, MI 49440 in the Commission Chambers, Room 107.