Question 1

What is a zoning variance application?

Accepted Answer

Variance application: a request to a local government to allow a deviation from the zoning code’s dimensional or use requirements. Types: dimensional variance (deviation from: setback, height, lot coverage, parking, or density requirements), and use variance (allowing a use not permitted by the zoning code; more difficult to obtain). The application: is filed with the Board of Zoning Appeals (BZA) or equivalent body. The applicant: must demonstrate that: strict application of the code creates an unnecessary hardship, the hardship is unique to the property (not common to the neighborhood), and the variance will not be contrary to the public interest.

Question 2

What is the process for a zoning variance application?

Accepted Answer

Process: pre-application conference (meet with planning staff to discuss the request and receive guidance), application filing (submit the application with: a legal description, survey, site plan, and written justification), notice (the applicant must: notify adjacent property owners by mail and post the property with a public notice sign), staff review (the planning department reviews the application and prepares a staff report with a recommendation), public hearing (the BZA holds a public hearing: the applicant presents their case; neighbors can support or oppose), and decision (the BZA votes to: approve, deny, or approve with conditions). Timeline: typically 60-120 days from application to decision.

Question 3

What is the hardship standard for zoning variances?

Accepted Answer

Hardship standard: the applicant must prove: unnecessary hardship (strict application of the code deprives the property of all reasonable use: the property cannot be used for any purpose permitted by the zoning code), unique circumstances (the hardship results from conditions peculiar to the property: irregular shape, topography, size, or location; not from conditions common to the neighborhood), self-created (the hardship was not created by the applicant: e.g., the applicant did not create the condition by subdividing the property), and public interest (the variance will not: injure the public health, safety, and welfare; substantially impair the intent of the zoning code; or be detrimental to adjacent properties). The standard: is strict (variances are the exception, not the rule).

Variance Application

Zoning Variance Applications

Types

Process

Hardship Standard

Related Terms

Barnes Walker Land Use

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