CD

Variance Procedure

Only certain items qualify for consideration of a variance under State Statutes and City Ordinance. The Board of Zoning Appeals (BOZA) may grant variances from the strict application of the provisions of the Zoning Ordinance provided that the variance:

• is required because the shape or topography of the lot creates an undue hardship in developing the lot.
• is not merely serving as a convenience.
• is necessary for the preservation of a property right.
• will not impair light and air to the surrounding properties.
• will not unreasonably impact the character of the neighborhood.
• will not be contrary to the intent of the Zoning Ordinance.

When considering a variance BOZA must consider the following: 

1. Undue hardship means that the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. 
2. The variance is due to circumstances which are unique to the property, and were not or are not being created by the landowner. 
3. Economic consideration alone does not constitute an undue hardship. 

variance application