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VARIANCE CRITERIA
Variances. The Development & Review Board shall have the authority to consider petitions relating
to variances for all development outside the historic district and historic sites.
- That the requested Variance maintains the basic intent and purpose of the subject regulations,
particularly as it affects the stability and appearance of the city.
- That the requested Variance is otherwise compatible with the surrounding land uses and would not
be detrimental to the community.
- That the requested Variance is consistent with and in furtherance of the Goals, Objectives and
Policies of the adopted Comprehensive Plan, as amended from time to time,
the applicable Neighborhood Plan and all other similar plans adopted by the city.
- That the need for the requested Variance is not economically
based or self-imposed.
- That the variance is necessary to comply with State or Federal
Law and is the minimum Variance necessary to comply with the
applicable law.
ADMINISTRATIVE
VARIANCE CRITERIA
- A variance of no more than 10% of the minimum site area, minimum plot width, minimum setback, maximum
coverage, and maximum floor area requirements applicable to a parcel may be approved by the
Planning & Development Services Director without review by the appropriate Board, provided:
- The applicant files an application for Administrative Variance with the
Planning & Development Services.
- The Director finds, following review, that a specific development plan illustrating the request
for such proposal is consistent with already existing development patterns within the surrounding
area and with the standards listed in the Zoning and Land Development Regulations.
- All owners of property within 300 feet of the parcel upon which a Variance is requested are
notified of the application and their right to protest such request in writing within ten
calendar days of the mailing of such notice. The protest letter shall state the reasons and
justification of the protest.
- Any protest received in response to such notice within ten calendar days of the date of
mailing shall prohibit any administrative approval pursuant to this section. Receipt of a
written protest in response to the notice within the time limit shall allow the applicant to
file an application, together with the required fee, for a Regulatory Variance and be placed
on the next available Board agenda. Notice is required to be provided only to the person(s)
who protested the administrative variance.
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