125.2318 Variances. 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 ke 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.
Michigan Legal Code