What is a Variance?
Sometimes it is difficult for property owners to comply when building or altering a structure with the strict requirements of the zoning ordinance without experiencing undue financial hardship. Property owners can appeal to the Plan Commission for a variance to the strict interpretation of the zoning ordinance. For example, variances could include a reduction of the required feet of a rear set back line because of the way a lot is shaped. To apply for a variance, property owners need to complete an application explaining the hardship. Notice must be sent to the neighbors living within 300 feet of the property requesting the variance. During the public hearing, property owners may present topographical maps, engineering reports, photos or letters to substantiate the need for a variance to the City’s requirements. If you believe you need a variance for your project, we encourage you to call the office to schedule a meeting with department staff to review your project prior to application
Within the zoning code are required minimum setbacks. A variance is a waiver of a setback requirement or height restriction in the code. It allows the owner to build closer to the property line than the code allows. For example, in a Low Density Residential District, the minimum setback requirement for the rear is 15 feet. Variances can also be granted to building or fence height requirements.
A variance is a relaxation of the terms of the County Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant for the variance or property owner, a literal enforcement of County Zoning Ordinance would result in unnecessary and undue hardship to the property owner. In Washington County, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. Most typically a variance is sought from the setback requirements of the County Zoning Ordinance. Establishment or expansion of a use of property otherwise prohibited by the County Zoning Ordinance shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district in which the property lies or adjoining zoning districts to the property. The concurring vote of 3 of the 5 BZA members is necessary in order to gra
A variance is intended to resolve unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon. These hardships could occur as geographic, topography, or other physical conditions in the immediate vicinity of the site. Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structure, distances between structures, open space, signs, special setbacks, and performance standards. What is a setback variance? A setback variance is a variance that that the applicant to grant permission to build or erect structures within setback areas (side yard setback, front yard setback, rear yard setback, etc.) or between structures contrary to defined minimum setbacks.
