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Bay City City Zoning Code

10.16 Variances

10.16.010 Purpose

The purpose of a variance is to provide relief when a strict application of the zoning requirements would impose unusual practical difficulties or unnecessary physical hardships on the applicant. Practical difficulties and unnecessary hardships may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other conditions on the site or in the immediate vicinity. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located.

10.16.020 Conditions

Reasonable conditions may be imposed in connection with a variance as deemed necessary to protect the best interests of the surrounding property or neighborhood, and otherwise secure the purpose and requirements of this Section. Guarantees and evidence may be required that such conditions will be and are being compiled with.

10.16.030 Criteria For Granting Variances

Variances to requirements of this Chapter, with respect to lot area and dimensions, yard area, lot coverage, height of structure, vision clearance, decks and walls, and other quantitative requirements, may be granted only if, on the basis of the application investigation and evidence submitted by the applicant, all four expressly written findings are made:

  1. That a strict or literal interpretation and enforcement of the specified requirements would result in practical difficulty or unnecessary hardship.
  2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone.
  3. That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the near vicinity.
  4. That the granting of the variance would support goals and policies contained with the Comprehensive Plan.
  5. Variances in accordance with this subsection should not ordinarily be granted if the special circumstances on which the applicant relies are a result of the actions of the applicant or owner or previous owners.

10.16.040 Variances To Setback Requirements

In addition to the requirements listed in Section 10.16.030, variances to requirements for setbacks may be granted only if, on the basis of the application, investigation and evidence submitted by the applicant and others, all three expressly written findings are made:

  1. The variance will not significantly adversely affect adjacent property, existing or future views, road expansion or availability of sunlight on adjacent property.
  2. Fire regulations are met as determined by the building official.
  3. There is a valid design reason for the request, such as the obtaining of views or solar exposure, or maintenance of trees.

10.16.050 Variances To Off-Street Parking And Loading Facilities

In addition to the requirements listed in Section 10.16.030, variances to requirements of this Chapter with respect to off-street parking and loading facilities may be authorized as applied for or as modified by the City Planning Commission, if, on the basis of the application, investigation, and the evidence submitted by the applicant, all three (3) of the following expressly written findings are made:

  1. That neither present nor anticipated future traffic volumes generated by the use of the site or use of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the requirements of this Chapter.
  2. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to materially interfere with the free flow of traffic on the streets.
  3. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the general purpose of this Chapter or policies contained within the Comprehensive Plan.

10.16.060 Application

Application for a variance shall be filed with the City offices on the form prescribed by the City by any person with a legal interest in the property.

10.16.070 Investigation And Reports

The City Planner shall make or cause to be made an investigation to provide necessary information to ensure that the action on each application is consistent with the variance criteria and shall make a recommendation to the City Planning Commission. Any report of such investigation shall be included in the application file.

10.16.080 Variance Procedure

  1. The City Planning Commission may act on a variance request, with notice of a public hearing in the manner prescribed in Section 10.12.130.
  2. The City Planning Commission shall review the application and investigation report at the public hearing.
  3. The City Planning Commission shall determine whether the evidence supports a finding that the required criteria have been met, and shall approve, approve with conditions, or deny the application accordingly. Their approval or denial shall be in writing and shall include express written findings on each of the applicable criteria.