Variances

Definition


Variances are deviations from the dimensional standards in the applicable zoning district.

When owing to special circumstances or conditions (like exceptional topographical conditions, narrowness, shallowness, or the shape of a specific piece of property), the literal enforcement of the provisions of the Unified Development Ordinance (UDO) would result in peculiar and practical difficulties to, or exceptional and undue hardships, on the owners of the property, and the deviation would not be contrary to the public interest.

Purpose


No variances from the schedule of permitted uses or special uses applicable in a zoning district shall be allowed pursuant to the terms of Section 2.3.8 of the UDO. For more information please view the Variance Process Application.

Application Requirements


Variance applications are typically due the first working day of the month with the following requirements:
  1. At least 2 copies (1 with original, notarized signatures) of the Application of Variance
  2. A plot plan or site plan
  3. Envelopes addressed to each of the property owners of the land subject to the application and all property owners within 300 feet of the land subject to the application
  4. A signed affidavit with a certified list of property owners of the land subject to the application and all property owners within 300 feet of the land subject to the application
  5. A Variance Application Fee

Variance Process


The variance process is carried out as follows:
  1. The application must be submitted by 5 p.m. on the appointed date.
  2. The staff reviews the application for completeness.
  3. A staff report is written for a public hearing.
  4. A staff report is sent to the applicant.
  5. The Board of Adjustment holds a public hearing.
  6. Board of Adjustment makes final decision. If approved, the variance permit shall run with the land and is not affected by a change of ownership.