AIRPORT ZONING ACT
Act 23 of 1950 (Ex. Sess.)
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
Notes of Decisions
Pegasus Wind LLC v. Tuscola Area Airport Zoning Bd. of Appeals (Mich. Ct. App. 2021).
· cites it 10× “court to make rulings on the reasonableness and necessity of the conditions imposed on the variances by the AZBA based on the existing record, after which the circuit court may order the variances to be issued immediately without any further conditions and without the inclusion…”
Pegasus Wind LLC v. Tuscola Cnty. (Mich. 2024).
· cites it 10× “Pegasus also 6 MCL 259.454; MCL 259.457. 7 Pegasus Wind, LLC v Tuscola Area Airport Zoning Bd of Appeals, 507 Mich 871 (2021); Pegasus Wind, LLC v Tuscola Area Airport Zoning Bd of Appeals, unpublished order of the Court of Appeals, entered February 26, 2020 (Docket No.”
Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
· cites it 4× “See MCL 259.454. On June 11, 2019, Pegasus filed applications for variances with the AZBA for 33 proposed wind turbines near the Tuscola Area Airport.”
Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
· cites it 4× “See MCL 259.454. On June 11, 2019, Pegasus filed applications for variances with the AZBA for 33 proposed wind turbines near the Tuscola Area Airport.”
D Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
“” MCL 259.454(1). The Tuscola area airport zoning ordinance provides the same criteria as the statute except that it adds a requirement that addresses “approach protection,” and requires that the Federal Aeronautics Administration and the Michigan Aeronautics Commission issue…”
D Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
“” MCL 259.454(1). The Tuscola area airport zoning ordinance provides the same criteria as the statute except that it adds a requirement that addresses “approach protection,” and requires that the Federal Aeronautics Administration and the Michigan Aeronautics Commission issue…”
— Mich. Comp. Laws § 259.454(1) — 6 cases
Pegasus Wind LLC v. Tuscola Area Airport Zoning Bd. of Appeals (Mich. Ct. App. 2021).
“court to make rulings on the reasonableness and necessity of the conditions imposed on the variances by the AZBA based on the existing record, after which the circuit court may order the variances to be issued immediately without any further conditions and without the inclusion…”
Pegasus Wind LLC v. Tuscola Cnty. (Mich. 2024).
“Pegasus also 6 MCL 259.454; MCL 259.457. 7 Pegasus Wind, LLC v Tuscola Area Airport Zoning Bd of Appeals, 507 Mich 871 (2021); Pegasus Wind, LLC v Tuscola Area Airport Zoning Bd of Appeals, unpublished order of the Court of Appeals, entered February 26, 2020 (Docket No.”
Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
“See MCL 259.454. On June 11, 2019, Pegasus filed applications for variances with the AZBA for 33 proposed wind turbines near the Tuscola Area Airport.”
Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
“See MCL 259.454. On June 11, 2019, Pegasus filed applications for variances with the AZBA for 33 proposed wind turbines near the Tuscola Area Airport.”
D Pegasus Wind LLC v. Tuscola Cnty. (Mich. Ct. App. 2022).
“” MCL 259.454(1). The Tuscola area airport zoning ordinance provides the same criteria as the statute except that it adds a requirement that addresses “approach protection,” and requires that the Federal Aeronautics Administration and the Michigan Aeronautics Commission issue…”
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