Sec. 18.
(1) A variance in the design and construction of a mobile home park or seasonal mobile home park may be granted upon notice of the request to the local government and the department of public health at the time of filing with the department of commerce. If the local government grants a variance which would permit activities violative of the minimum standards of the code, the local government shall file with the department a copy of the variance order and an explanation of the reason for the granting of the order. The department may approve or disapprove the variance or revoke the variance upon notice and hearing.
(2) After a public hearing the department may grant a specific variance to a substantive requirement of the code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if the specific condition justifying the variance is neither so general nor recurrent in nature as to make an amendment of the code with respect to the condition reasonably practical or desirable.
(3) The department may attach in writing a condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety, and welfare of the people of this state. The variance shall not exceed the minimum necessary to alleviate the exceptional, practical difficulty.
(4) A variance to a local ordinance, zoning requirement, or local rule may be granted only by a local government.
(5) A variance to a rule promulgated under this act may be granted only by the commission.
History: 1987, Act 96, Imd. Eff. July 6, 1987 Admin Rule: R 125.1101 et seq. of the Michigan Administrative Code.
Structure Michigan Compiled Laws
Chapter 125 - Planning, Housing, and Zoning
Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350)
Section 125.2301 - Short Title.
Section 125.2302 - Definitions.
Section 125.2304 - Powers of Commission; Duties of Director; Prohibition; Exception.
Section 125.2305 - Mobile Home Code; Promulgation; Rules.
Section 125.2308 - Exemptions.
Section 125.2310 - Reproducing Documents Requested as Public Record.
Section 125.2313 - Construction Permit Required.
Section 125.2316a - Occupancy of Mobile Home in Seasonal Mobile Home Park.
Section 125.2322 - Mobile Home Dealer; Surety Bond; Deposit; Rules.
Section 125.2323 - Mobile Home Dealer; Accounts and Other Records.
Section 125.2324 - Mobile Home Dealer; Prohibited Conduct.
Section 125.2325 - Installation and Setup of Mobile Home; Rules; Licensing Requirements.
Section 125.2327 - Mobile Home, Mobile Home Site, or Equipment; Fraudulent Practices.
Section 125.2328b - Children and Pets; Enforcement of Rules.
Section 125.2328c - Action to Terminate Tenancy; Liquidated Damages.
Section 125.2329 - Shutoff of Utility Service for Nonpayment; Notice.
Section 125.2330 - Mobile Home Subject to Certificate of Title Provisions.
Section 125.2330i - Affixation of Mobile Home to Real Property; Ownership Interest.
Section 125.2331 - Action to Rescind Transaction and Recover Damages.
Section 125.2332 - Certain Conditions, Stipulations, or Provisions Voided.
Section 125.2333 - Statute of Limitations; Rejection of Valid Rescission as Bar to Action.
Section 125.2335 - Service of Process.
Section 125.2337 - Administrative Proceedings; Notice; Response; Assurance of Discontinuance.
Section 125.2340 - Effect of Appeal.
Section 125.2341 - Injunction.
Section 125.2342 - Violation as Misdemeanor; Penalty.
Section 125.2343a - Summary Suspension of License.
Section 125.2344 - Remedies Not Mutually Exclusive.
Section 125.2345 - Other Prosecution and Enforcement Not Prohibited.
Section 125.2349 - Legislative Intent and Declarations.
Section 125.2350 - Availability of List of Powers and Duties of State or Local Governmental Entity.