a) General. There are two types of variances allowed under the terms of this Ordinance: dimensional variances and use variances.
b) Dimensional Variances. Dimensional variances are deviations from the height, setback, yard, lot coverage, parking, landscaping and signage standards of this Ordinance, when owing to special circumstances or conditions (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal enforcement of the provisions of this Ordinance would result in peculiar and practical difficulties to the owners of the land, and the deviation would not be contrary to the public interest.
c) Use Variances. Use variances are variations from the schedule of permitted uses in a zone district established pursuant to § 4.1: Use Table, when owing to unnecessary hardship uniquely associated with the property, this Ordinance unreasonably restricts the property owner's use of permitted uses.
d) No Increase in Residential Density. A request to modify lot requirements to increase the permitted density of new residential development shall not be considered a variance and is prohibited (e.g., a lot modification that increases the number of permitted dwelling units on a lot shall not be allowed).

 

Variance
 

a) Dimensional Variance. The Zoning Board of Appeals shall approve a dimensional variance on a finding there is competent, material, and substantial evidence in the record that all of the following standards are met:

1) There are special circumstances or conditions (like exceptional topographic conditions, narrowness, shallowness, or the shape of property) that are peculiar to the land or structure for which the variance is sought, that is not applicable to other land or structures in the same zone district.
2) The special circumstances are not the result of the actions of the applicant or titleholder of the land.
3) The literal interpretation and enforcement of the terms and provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other land in the same zone district, and would cause practical difficulty.
4) The granting of the variance is the minimum action that will make possible the use of the land or structure that is not contrary to the public interest, and that would carry out the spirit of this Ordinance.
5) The granting of the variance will not adversely affect adjacent land in a material way.
6) The granting of the variance will be generally consistent with the purposes and intent of this Ordinance.
7) Where the requested dimensional variance involves required landscaping, the Zoning Board of Appeals may grant a variance upon the following additional criteria:

(a) Existing landscaping, screening or wetlands intended to be preserved meets the intent of this section.
(b) The landscape design proposed by the applicant meets the intent of this section.
(c) There is a steep change in topography that would limit the benefits of required landscaping.
(d) The proposed building and parking lot placement is setback well beyond the minimum required.
(e) The abutting or adjacent land is developed or will be developed in the near future with a use other than residential.
(f) Similar conditions to the above exist such that no good purpose would be served by providing the landscaping or screening required.

b) Use Variance. The Zoning Board of Appeals shall approve a use variance on a finding there is competent, material, and substantial evidence in the record that all of the following standards are met:

1) The literal interpretation and enforcement of the terms and provisions of this Ordinance would deprive the applicant for all practical purposes from using the property for a permitted use identified in § 4.1: Use Table, which is a right commonly enjoyed by other land in the same zone district.
2) There is unnecessary hardship based on special circumstances or conditions that are peculiar to the land or structure for which the use variance is sought that is not applicable to other land or structures in the same zone district.
3) The special circumstances are not the result of the actions of the applicant.
4) The granting of the variance is the minimum action that will make possible the use of the land or structure that is not contrary to the public interest, and that would carry out the spirit of this Ordinance.
5) The granting of the variance will not adversely affect adjacent land in a material way.
6) The granting of the variance will be generally consistent with the purposes and intent of this Ordinance.

5. Conditions of Approval. The Zoning Board of Appeals, in approving the variance, may impose conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required to ensure compliance with the standards in this section. The conditions shall be identified in the variance approval.
6. Recording. The Zoning Board of Appeals may require the applicant to record the variance with the County Register of Deeds. The variance shall be binding upon the landowners, their successors and assigns.
7. Effect of Variance. Issuance of a variance shall authorize only the particular variation that is approved in the variance. A variance, including any conditions, shall run with the land and not be affected by a change in ownership.
8. Subsequent Development. Development authorized by the variance shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other applicable provisions of the City. A variance does not ensure that the development approved as a variance shall receive subsequent approval for other applications for development approval unless the relevant and applicable portions of this Ordinance or any other applicable provisions are met.
9. Expiration. Unless otherwise specified in the variance, an application for a construction permit shall be applied for and approved within one year of the date of the approval of the variance, otherwise the variance shall become invalid. Permitted time frames do not change with successive owners.
10. Extension. Upon written request, one extension of six months may be granted by the Zoning Board of Appeals for good cause shown.
11. Amendment. A variance may be amended, extended or modified only in accordance with the procedures and standards established for its original approval. A request for a change in a condition of approval of a variance shall be considered an amendment.
See Table 8.3-1 in § A-8.3A for a list summarizing the development review procedures for all types of applications for development approvals and other permits outlined in this section.