An Appeal Form shall be submitted in ten (10)
copies, filled out completely, and shall be accompanied by a check
in the amount of $300.00, made payable to the City of Novi.
Appeal Form
In addition to the Appeal form, ten (10) copies
of plans drawn to scale and showing shape, dimension, construction
materials, and method of construction, shall be furnished.
Plans will depict a clear and accurate description of that portion
of the proposed structure or facility on which the appeal is based.
Any additional information, including reports
of accredited testing agencies and accredited authoritative agencies
recognized by the International Code Council as well as accepted
engineering practices, should accompany your appeal.
Failure of the appellant or his authorized
agent to appear before the Board as scheduled shall be justifiable
cause for dismissal of the case, without prejudice, due to lack of
prosecution and with no refund of appeal fee.
The appellant shall be given notice of time and
date of hearing not less than five (5) days before such hearing by
first class mail unless the appellant shall waive such notice in
writing.
The board of appeals shall hear the appeal and
render and file its decision with a statement of reasons for the
decision with the enforcing agency from whom the appeal was taken
not more than 30 days after submission of the appeal.
STATE CONSTRUCTION CODE, Section 125.1515,
Specific variance from code; requirements; breach of condition;
permissible variance.
Sec. 15. (1) After a public hearing a board of appeals 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 both
of the following requirements are satisfied:
(a) The performance of the particular item or part of the building
or structure with respect to which the variance is granted shall be
adequate for its intended use and shall not substantially deviate
from performance required by the code of that particular item or
part for the health, safety and welfare of the people of this state.
(b) The specific condition justifying the variance shall be neither
so general nor recurrent in nature as to make an amendment of the
code with respect to the condition reasonably practical or
desirable.
(2) A board of appeals may attach in writing any 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 breach of a condition shall automatically
invalidate the variance and any permit, license and certificate
granted on the basis of it. In no case shall more than minimum
variance from the code be granted than is necessary to alleviate the
exceptional, practical difficulty.
