PLANNING
& ZONING BOARD OF APPEALS
INCOMPLETE PACKAGES WILL NOT BE ACCEPTED FOR
CONSIDERATION
1) REZONING
____________________________ 4) SUBDIVISION__________________________
2) VARIATION OF
ZONING USE______________ 5)
SPECIAL USE __________________________
3) VARIATION OR
ORDINANCE______________ 6)
OTHER________________________________ *********************************************************************************************
PRESENT ZONING:_________________________ REQUESTED
ZONING:_____________________
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PROPERTY DESCRIPTION
COMMON DESCRIPTION: (a street address or
location)_______________________________________________
P.I.N.
NUMBER:_______________________________________________________________________________
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What change of zoning,
variation of zoning, variation or ordinance and/or subdivision are you
requesting?
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SUBMISSION
PACKAGE MUST INCLUDE THE FOLLOWING WHEN POSSIBLE IN 8 ˝” BY 11” FORMAT:
1) PLAT OF SURVEY OR OTHER DOCUMENT
WITH CLEARLY LEGIBLE LEGAL DESCRIPTION.
2) LEGAL PROOF OF TITLE AND/OR
DOCUMENTED PROOF OF OWNER CONSENT.
3)
PLAT OF SURVEYWITH MOST CURRENT CONDITIONS OF THE PREMISES.
4) ADDITIONAL PAGES SHOULD BE ATTACHED
DESCRIBING PERTINENT INFORMATION ON PROPOSED REQUEST,
APPROPRIATE DRAWINGS, SITE PLANS.
ETC.
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NAME OF PETITIONER AND OWNER:
TITLEHOLDER'S NAME AND
ADDRESS:______________________________________________________________
PETITIONER'S NAME AND
ADDRESS:_________________________________________TELEPHONE:_____________
PETITIONER IS: OWNER_______CONTRACTOR_______ARCHITECT_______ATTORNEY_______
OTHER (indicate interest) _________________
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ALL OVERSIZED MATERIAL
MUST BE SUBMITTED IN 25 COPIES.
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FOR VARIATION ONLY: ATTACH EVIDENCE THAT ADJOINING PROPERTY CANNOT BE
ACQUIRED
OR THAT NO VACANT PROPERTY IS AVAILABLE.
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PLANNING AND ZONING BOARD OF APPEAL MEETINGS ARE
SCHEDULED ON THE SECOND AND FOURTH
WEDNESDAYS OF EACH MONTH.
APPLICATIONS MUST BE SUBMITTED THREE WEEKS PRIOR TO A MEETING AND BE
ACCOMPANIED BY CHECK MADE PAYABLE TO VILLAGE OF LANSING
ACCORDING TO FEE SCHEDULE ATTACHED PLUS THE COST OF LEGAL PUBLICATION. ALL
PROPERTIES MUST BE POSTED SEVEN DAYS PRIOR TO THE HEARING.
DATE______________SIGNATURE
OF PETITIONER(S)________________________________________________
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FOR OFFICE USE ONLY
FEE PAID
_______________________ DATE OF PUBLIC HEARING _______________
STAFF REVIEWING APPLICATION __________________________________________ 03/04
NOTE: ALL
HEARINGS BEFORE THE PLANNING AND ZONING BOARD ARE RECORDED AND TAPES ARE HELD
AS PERMANENT RECORD OF THE PROCEEDINGS
PLANNING AND
ZONING BOARD OF APPEALS
HEARING FEE
SCHEDULE AND NOTICE HEARING
FOR PETITIONERS PRESENTLY WITHIN:
ZONING
CLASSIFICATION
1) RESIDENTIAL DISTRICTS.............................................$ 50.00
2) BUSINESS DISTRICTS.................................................... 100.00
3) MANUFACTURING......................................................... 150.00
IF PETITIONER IS PETITIONING TO CHANGE THE CLASSIFICATION OF THE UNDERLYING ZONING, THE CHARGE SHALL BE BASED ON THE HIGHER OF THE TWO CLASSIFICATIONS.
FOR SUBMISSION OF A PLAT OF SUBDIVISION
FEES BASED ON THE NUMBER OF LOTS
NUMBER OF LOTS IN THE SUBDIVISION FEE
1 TO 2 ........................................................................$ 50.00
3 TO 5 ........................................................................ 100.00
6 TO 10 ...................................................................... 200.00
OVER 10 .................................................................... 200.00 PLUS $20. FOR EACH
ADDITIONAL
FOR OTHERS
PLANNED RESIDENTIAL DEVELOPMENT .............. 500.00
PLANNED UNIT DEVELOPMENT ............................. 500.00 PLUS $50 PER HOUR OF
BOARD TIME
PUBLIC NOTICE FEES
ALL PETITIONERS WILL BE CHARGES FOR PUBLIC NOTICE.
FOR PROPERTY IN RESIDENTIAL DISTRICTS $75.00
FOR PROPERTY IN COMMERCIAL OR INDUSTRIAL DISTRICTS $100.00
3/04
AS OF MAY 1, 2003, ALL PETITIONERS TO THE PLANNING AND ZONING BOARD OF APPEALS ARE REQUIRED TO POST A SIGN ON THE PROPERTY IN A PROMINENT LOCATION AT LEAST SEVEN (7) CONSECUTIVE DAYS IMMEDIATELY PRIOR TO THE HEARING. THE SIGN SHALL BE PROVIDED BY THE VILLAGE AND SHALL NOTIFY THE PUBLIC OF THE SCHEDULED HEARING TIME, DATE AND LOCATION IN SUBSTANTIALLY THE FOLLOWING FORM:
“NOTICE: A HEARING CONCERNING THE ZONING OR
THE GRANTING OF A VARIANCE FOR THIS PROPERTY IS SCHEDULED ON
___________________, 20______, AT 7:30 PM AT
IN THE CASE OF AN IMPROVED LOT, A PROMINENT LOCATION SHALL BE DEFINED AS THE FRONT YARD (OR IN THE SIDE YARD IF IT IS A CORNER LOT WITH AN IMPROVED STREET ALONG THE FRONT AND SIDE OF THE PROPERTY) NEAR A SIDEWALK OR PUBLIC RIGHT OF WAY, AND TO BE SO LOCATED SO THAT IT CAN BE SEEN BY AUTO AND PEDESTRIAN TRAFFIC IN THE MOST CONVENIENT MANNER. WHEREVER POSSIBLE, THE SIGN SHOULD BE PLACED ON THE PRIVATE PROPERTY SIDE OF THE PROPERTY LINE.
IF THE PROPERTY IS VACANT AND/OR UNIMPROVED, THE SIGN SHALL BE PLACE IN SUCH LOCATION NEAR THE CLOSEST RIGHT OF WAY TO ALLOW FOR MAXIMUM VISIBILITY TO AUTO AND PEDESTRIAN TRAFFIC.
IF
THE PROPERTY IS DEVELOPED COMMERCIALLY TO THE
THE
APPLICATION OF A HEARING FROM THE PLANNING AND ZONING BOARD OF APPEALS, SIGNED
BY THE PETITIONER, SHALL ACKNOWLEDGE RECEIVING A COPY OF THE REQUIREMENTS FOR
POSTING THE PROPERTY AT THE TIME THE PETITION IS ACCEPTED BY THE VILLAGE. VILLAGE
STAFF WILL POST THE PROPERTY A WEEK PRIOR TO THE MEETING IN COMPLIANCE WITH
REGULATIONS.
THE SIGN POSTING NOTICE IS IN ADDITION TO ANY OTHER VILLAGE ORDINANCES STATUTES AND IS NOT A SUBSTITUTE FOR ANY SUCH REQUIRED NOTICE.
03/04
NOTICE TO APPLICANTS
A variance is a zoning adjustment
which permits minor changes of district requirements where individual
properties are both harshly and uniquely burdened by the strict application of
the law. The power to vary is restricted
and the degree limited to the minimum change necessary to overcome the
inequality inherent in the property. Use
variations are specifically not allowed.
“Variation” means the modification of the requirements of the underlying
zoning district and does not include the substitution of the uses assigned to
other districts.
1. A variation recognizes that the same district requirements
do not effect all properties equally; it was invented to permit minor changes
to allow hardship properties to enjoy equal opportunities with properties
similarly zoned. The petitioner must
prove that the property in question is affected by a special circumstance or
unusual condition. These must result in
uncommon hardship and unequal treatment under the strict application of the
Zoning Ordinance. Where hardship
conditions extend to other properties a variation cannot be granted. The remedy for a general hardship is a change
of the map or the text of the Zoning Ordinance.
2. The petitioner must prove that the combination of the Zoning
Ordinance and the uncommon conditions of the property prevents the petitioner
from making reasonable use of the property as permitted by the underlying
zoning district. The burden of proof is upon the petitioner. The petitioner must
present evidence to the Board of Appeals indicating that you are entitled to a
variance based on the following reasons:
a) because of the particular physical surroundings, shape or topography
of the property, a particular hardship to the petitioner would result, as
distinguished from a mere inconvenience, if the strict letter of regulation was
applied and the request was denied;
b) the conditions upon which the petition for variation is based are
unique to the property for which the
variation is sought and are most applicable, generally, to other properties
within the same zoning district;
c) the alleged difficulty or hardship is caused by the Zoning Ordinance
and has not been created by any person presently having any interest in the
property for which the variance is sought;
d) the granting of the variation will not be detrimental to the public
welfare or injurious to other properties or improvements in the neighborhood in
which the property is located;
e) the proposed variation will not impair an adequate supply of light
or air to adjacent property, or substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger public safety, or
substantially diminish or impair property values within the neighborhood.
3. Since Zoning regulates land and not people, the following
conditions cannot be considered pertinent to the application for a variation:
a) proof that a variation would
increase the financial return from the property,
b) personal hardship,
c) self-imposed hardship - deliberate creation of conditions after the
enactment of the Zoning Ordinance would
be considered violation of the law.
4. No
variation may be granted which would adversely affect surrounding property or
the general neighborhood. All variations must comply with the intent and
purpose of the Zoning
Ordinance. 3/04