Variance & Conditional Use Information

Variance Applications

Variances are deviations from the terms of the Land Development Code (LDC) which would not be contrary to the public interest when owing to special circumstances or conditions, the literal enforcement of the provisions of the LDC would result in undue and unnecessary hardship.

Variances shall only be granted from the dimensional standards of Article VII, the off-street parking or landscape standards of Article VIII, and the subdivision standards of the LDC, except that a height variance shall not be permitted in any zoning district. Variances shall not be granted to permit a use not generally allowed in the zoning district in which it is located. Variances may not be requested for relief from maximum building height, residential density, or minimum lot area requirements.

At a public hearing, the Board of Adjustment shall approve, approve with conditions, or deny an application for variance pursuant to the standards of LDC Section 34-286.

Standards Applicable to All Variances

In order to authorize any variance from the terms of the Land Development Code, the Board of Adjustment must find that:

1. There are conditions or circumstances that exist which prevent compliance with site design and development standards, or which are unique to the parcel of land, building or structure; 
2. The conditions or circumstances do not result from actions of the application and would not be considered a self-imposed hardship; 
3. There would be no special privileges afforded to the applicant by granting a variance that is not available to other parcels of land, building or structures with similar conditions or circumstances; 
4. Strict interpretation and enforcement of the code would deprive the applicant of rights commonly enjoyed by other parcels of land and would provide an unnecessary and undue hardship; 
5. The variance(s) requested, if granted, will make possible a reasonable use of the parcel of land, building, or structure; and 
6. The variance(s) request, if granted, will not result in the creation of a public nuisance. 

Conditional Use Applications

Conditional uses are those uses that are generally not compatible with other land uses permitted in a zoning district, but with individual review and control of their location, design, configuration and intensity, and density of use, buildings and structures, and the imposition of conditions pertinent thereto in order to ensure the appropriateness of the use at a particular location, may be permitted in the zoning district as a conditional use.

At a public hearing, the Planning Commission shall issue a development order approving, approving with conditions, or denying an application for a conditional use pursuant to the standards of LDC Section 34-231.

Standards Applicable to All Conditional Uses

When considering an application for a development permit for a conditional use, the Planning Commission shall consider whether and the extent to which:

1. The conditional use is consistent with the visions, intents and strategies of the Comprehensive Plan, including standards for building and commercial intensities and densities, and intensities of use; 
2. The conditional use is compatible with existing permissible uses in the immediate vicinity of the land proposed for development, and designed so that it is consistent with the harmonious development of the Zoning District in which it is proposed; 
3. The design of the proposed conditional use minimizes adverse effects, including visual impact such as massing, of the proposed use on adjacent properties, and provides adequate screening and buffering; 
4. The proposed conditional use will not have an adverse effect on the permitted uses of the Zoning District where it is located; 
5. The proposed conditional use will not have a demonstrated adverse effect on the value of adjacent property; 
6. There are adequate public facilities and services pursuant to Article IX, Adequate Public Facility Standards; 
7. There is adequate ingress and egress to the proposed conditional use; 
8. The proposed conditional use is consistent with the requirements of the LDC; 
9. The applicant has guaranteed the provision of open space and other improvements, as may be required, associated with the proposed conditional use; 
10. The proposed conditional use complies with all additional standards imposed on it by the particular provision of the Comprehensive Plan authorizing such use and all other applicable requirements of the LDC including specific conditional uses below.