/ Planning / Variances
Variances
What is a Variance?
A Variance is a legal means of granting property owners relief from specific provisions of the adopted Code of Ordinances. The Code of Ordinances, which includes the Land Development Regulations (LDRs), has been adopted by the City Council and thereby constitutes the local laws that the City staff is required to enforce. The LDRs contain provisions relating to stormwater retention, signage, parking, tree preservation, landscaping, aquifer protection, flood prevention, utilities, streets, sidewalks and bicycle facilities. The LDRs also contain the development criteria that pertain to each of the individual zoning districts (see Zoning and Rezoning Handbook). Each Zoning District contains specific development standards that control the minimum lot size and frontage, the density of development, maximum building height, height of fences and walls and the minimum yard requirements – commonly called "setbacks."
When Do You Need a Variance?
A Variance is required when a landowner would like to develop their property in a particular way and finds that the adopted regulations prevent the issuance of a building permit. The first step should always be to consult with City staff to determine exactly which regulations are not being met by the development proposal (site plan) and what changes to the plan could be made that would bring the proposal into compliance. As an example, if the preservation of a beautiful oak tree on one side of a residential lot required shifting the footprint of the home to within five feet of the lot line on the other side and if the side yard setback in that district was ten feet, then a five foot Variance would be required.
A Variance would also be required if you were interested in converting a residential structure in a commercial zone to office use and were unable to provide the required number of parking spaces. If you wanted to place your ground sign closer to the property line than the minimum required setback, you would need to have a Variance granted before staff could issue a permit. The staff would base their recommendation on your need to place the sign closer to the street (e.g., view obstructed by existing trees) and your ability to eliminate any safe sight triangle obstructions.
The maximum building height in the residential districts of the City is thirty-five (35) feet. If you wanted to build a three story home and add an enclosed sun deck on the roof to take advantage of a particular view, you could request a Variance to the maximum building height.
You cannot be granted a Variance on the basis of use. The City Council cannot permit a retail business use in a residentially zoned district, as it would be contrary to their adopted Codes. If your intended use is not permitted or conditionally permitted within the property's zoning district, you need to apply for a rezoning and not a Variance (see the Zoning and Rezoning Handbook). If your intended use is not consistent with the Land Use classification for the area, then you will also need to apply for a Comprehensive Plan Amendment.
The Variance Process:
The City Council establishes zoning districts and development standards as a part of the Land Development Regulations (LDRs). The Board of Adjustments and Appeals (BAA) is appointed by the City Council to sit and hear requests from the public for relief from strict compliance with the LDRs – A Variance.
Decisions of the BAA are final and cannot be appealed to the City Council. A decision of the BAA may be appealed to the Circuit Court within thirty (30) days.
Each and every requested Variance will be reviewed by the City's Planning staff. The staff will analyze the request in light of the Comprehensive Plan requirements, the specific section(s) of the Code that are not being met, the general character of the surrounding neighborhood and the physical constraints of the particular site. The staff will prepare and submit a Staff Report to the Board of Adjustments and Appeals who will hear the request at a Public Hearing. Notice of the Public Hearing will be published in a local newspaper at least fifteen (15) days prior to the Hearing and a sign will be posted on the subject property at least ten (10) days in advance of said Hearing. The property owner requesting the Variance and all other "interested" parties will be given a chance to be heard by the BAA at the Public Hearing.
A Variance, once granted, becomes a property right which "runs with the land", so the decision to grant or deny a Variance request cannot be based on the intentions of the original requester. The decision must be based on special circumstances related to that particular piece of land.
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VAP.pdf
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Variance Application Packet |
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