A variance is an exception to requirements of the Zoning Code for development of property, such as building setbacks. A variance may be justified when a regulation restricts the use of property because of some unique feature of the property such as its shape or topography. A variance requires approval by the Board of Zoning Adjustment at a public hearing.
In order to approve a variance, specific findings must be made, as follows:
- There are special circumstances or conditions applicable to the property or buildings in question which do not exist for other property or buildings in the same zone and immediate vicinity; and,
- The special circumstances or conditions are such that the strict application of the provisions of the Zoning Code would deprive the applicant of the practical use of the property or buildings; and,
- Granting the variance will be consistent with the intent and purpose of the Zoning Code and will not be detrimental to the neighborhood or public welfare.
More information regarding the variance process, see Variance Brochure (PDF) or Variance Submittal Requirements (PDF).