Variances ZBA

Variances
Variances to standards of the Zoning Ordinance may be granted by the Zoning Board of Adjustment under the following conditions:
  • There are special conditions affecting the land such that the strict application of the ordinance would deprive the applicant of the reasonable use of land.
  • The variance is necessary for the preservation and enjoyment of a substantial property right.
  • Granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area.
  • Granting the variance will not prevent the orderly use of other land within the area.
  • An undue hardship exists.
  • Granting the variance will be in harmony with the spirit and purpose of the ordinance.
  • A variance may not be granted to relieve a self-created or personal hardship, and may not be based solely upon economic gain or loss.

Zoning Variance Application

Variances to the standards of Chapter 114 - Streets, Sidewalks and Other Public Places, may be granted by the Access Management Board of Adjustment (AMBA) if it is found that:
  • Granting the variance will not be detrimental to the public safety, health or welfare, or injurious to other property owners.
  • The particular physical surroundings, shape and/or topography would create a hardship - not a mere inconvenience - to the property owner if the regulations were strictly carried out.
  • The variance or alternative proposal will not vary provisions of the Zoning Ordinance or other ordinance of the City.

AMBA Variance Application

Special Exceptions
Under certain circumstances, the Zoning Board of Adjustment may grant Special Exceptions for the following:
  • To allow a portion of the required parking spaces to be on a separate lot or parcel from the building they serve.
  • To allow expansion or reconstruction of a non-conforming use or structure.
  • To allow semipublic parking areas for occupants of apartments, fraternity or sorority houses, members of clubs, and patrons of hospitals, institutions, or places of public assembly in residential districts.

Special Exception Application

Contact the Planning Department (830-221-4050) for further information