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Zoning Variances

CityWoke

Member
Messages
14
Points
1
So where do you draw the line on what can receive a variance? A dimension, yes. A maximum number, no?

I want a 5' setback instead of 6'. Okay, you can request a variance.

I want two signs instead of one. Ask for a code amendment? Or does anyone allow someone to request a variance for this too?
 

SlaveToTheGrind

Cyburbian
Messages
1,584
Points
28
What does your state code say about variances? A variance cannot be used for a want or desire. Basically, there needs to be unique hardship that prevents you from using the property the way zoning allows. Hardships cannot be economic or self-imposed in my state.
 

DVD

Cyburbian
Messages
15,489
Points
53
Most places I've worked have always set limits like dimensions or things in section X (referring to dimensions). My current job will allow it for most things. Need a shorter setback, variance. Need to be allowed to maneuver in the ROW, variance. Some things are still not allowed like density, use, signs because we have a use permit to increase sign allowances.
 

Faust_Motel

Cyburbian
Messages
842
Points
33
Our state law severely limits variances. One element of the test for granting variances is that the property cannot be developed for any economical use "but for" the issuance of the variance, which must be the minimum variance necessary to allow relief.

What this does in practice is really pushes communities to say what they mean and mean what they say in their zoning codes.
 

mendelman

Unfrozen Caveman Planner
Staff member
Moderator
Messages
15,248
Points
59
I believe we could limit what is eligible for the variance in my state as I worked for one chartered city that explicitly did not permit the right to a variance from the regulations for RV parking on residential properties.

The current charter city I work for does not have any limitations on what is eligible for variances.
 

Whose Yur Planner

Cyburbian
Messages
11,858
Points
43
Normally they are just for dimensional requirements. Further, they can not be self imposed. There is a difference between can meet the requirements but don't want to as opposed can't meet the requirements because of topography, etc.
 

TOFB

Cyburbian
Messages
2,914
Points
38
If one is seeking minor dimensional relief some places allow a minor variance where the 'self-imposed hardship' finding is relaxed or eliminated. Not everywhere though.
 
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