Michigan Compiled Laws
Act 23 of 1950 (Ex. Sess.) - Airport Zoning Act (259.431 - 259.465)
Section 259.454 - Airport Zoning Regulations; Variance.

Sec. 24.
(1) A person desiring to erect a structure, or increase the height of a structure, or permit the growth of a tree, or otherwise use property in violation of the airport zoning regulations adopted under this act, may apply to the board of appeals, for a variance from the zoning regulations in question. The board of appeals shall allow a variance if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations. However, a variance may be granted subject to any reasonable condition or condition subsequent that the board of appeals considers necessary to effectuate the purposes of this act. A variance shall not conflict with a general zoning ordinance or regulation of a political subdivision. However, a variance may conflict with a zoning ordinance or regulation adopted exclusively for airport zoning purposes.
(2) A variance from an airport zoning regulation may be applied for and granted pursuant to section 4 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.54, and this act.
History: 1950, Ex. Sess., Act 23, Imd. Eff. June 7, 1950 ;-- Am. 2000, Act 16, Imd. Eff. Mar. 8, 2000

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 259 - Aviation

Act 23 of 1950 (Ex. Sess.) - Airport Zoning Act (259.431 - 259.465)

Section 259.431 - Airport Zoning Act; Definitions.

Section 259.432 - Airport; Publicly Owned; Definitions.

Section 259.433 - Airport Hazard; Definition.

Section 259.434 - Airport Hazard Area; Definition.

Section 259.435 - Commission; Definition.

Section 259.436 - Political Subdivision; Definition.

Section 259.437 - Person; Definition.

Section 259.438 - State; Definition.

Section 259.439 - Structure; Definition.

Section 259.440 - Tree; Definition.

Section 259.441 - Airport Hazard Declared Nuisance; Prevention.

Section 259.442 - Airport Approach Plan; Adoption by Aeronautics Commission, Considerations.

Section 259.443 - Airport Hazard Area; Determination; Zoning Regulations; “Development” Defined.

Section 259.444 - Joint Airport Zoning Board; Creation; Powers; Membership.

Section 259.445 - Airport Zoning Regulations; Incorporation Into Zoning Ordinance.

Section 259.446 - Airport Zoning Regulations; Amendment.

Section 259.447 - Airport Hazard; Definition and Certification by Aeronautics Commission; Joint Airport Zoning Board, Appointment, Meetings, Powers, Compensation and Expenses, Expenditures.

Section 259.448 - Airport Zoning Regulations; Conflict, Determination by Commission.

Section 259.449 - Airport Zoning Regulations; Public Hearing on Adoption or Amendment, Notice.

Section 259.450 - Airport Zoning Commission; Appointment, Reports and Hearings.

Section 259.451 - Airport Zoning Regulations; Reasonableness, Considerations.

Section 259.452 - Airport Zoning Regulations; Removal or Alteration of Structures or Trees Prohibited, Exception.

Section 259.453 - Airport Zoning Regulations; Construction Permits for New Structures Required.

Section 259.454 - Airport Zoning Regulations; Variance.

Section 259.454a - Constructing, Establishing, Rebuilding, or Changing, Altering, or Repairing Structure or Replanting Tree; Permit or Variance Considered as Granted.

Section 259.455 - Airport Zoning Regulations; Variances, Markers and Lights Required.

Section 259.456 - Airport Zoning Regulations; Administration and Enforcement.

Section 259.457 - Board of Appeals; Provision, Powers.

Section 259.458 - Board of Appeals; Members, Appointment, Terms, Officers, Removals, Rules, Meetings, Records, Subpoenas.

Section 259.459 - Appeals; Filing, Hearing, Notice.

Section 259.460 - Appeals; Petitions for Review by Circuit Court.

Section 259.461 - Board of Appeals; Certiorari; Jurisdiction of Court.

Section 259.462 - Approach Protection; Acquisition of Property by Aeronautics Commission.

Section 259.463 - Violation of Act or Regulations; Penalty.

Section 259.464 - Airport Zoning Act; Short Title.

Section 259.465 - Powers and Duties of Contiguous Political Subdivision in Adjoining State as to Airports, Landing Fields, and Other Aeronautical Facilities.