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Commission recommends zoning ordinance change to align ZBA vote threshold with state law
Summary
The Planning Commission voted unanimously to recommend a zoning ordinance amendment to make the Zoning Board of Appeals' nonuse‑variance threshold match the Michigan Zoning Enabling Act majority requirement.
The Clawson Planning Commission voted unanimously on Oct. 14 to recommend a zoning ordinance amendment that would align the Zoning Board of Appeals (ZBA) procedures with the Michigan Zoning Enabling Act.
Planning staff said current local wording requires four affirmative votes for a nonuse variance when a simple majority of a five‑member ZBA (three votes) is sufficient under state law. Staff noted the city attorney advised that the local ordinance should be amended to match the state enabling statute.
The amendment was presented as a housekeeping change to avoid creating a higher local threshold than state law requires. No members of the public offered comment at the hearing.
The commission made a recommendation to the City Council; the motion passed by roll call with all commissioners voting yes.
