Agenda - Planning Commission - 02/07/1995

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Page Three THE ZONING REPORT Variances All zoning codes provide for variances. A vari- ance is a special approval requested by an ap- plicant to relax one ~r more zoning code regu- lations on a specifi~ property. Of the five types of special approvals, it is the one ap- proval that allows the applicant to do some- thing with the property that is not allowed by the zoning code. Th~ other four types of spe- cial approvals are ~uthorized by the zoning code if the applicant .meets or conforms to specific standards of ~onformance. Standards for variances are set forth.in de- tail in the state zon{ng enabling s,t. atutes and are well settled in z~ning case law. The stan- dards require that: : -- there must be s~ecial circumstances appli- cable to the property!that are not self created nor the fault of the ~pplicant, due to the size, shape, topography or terrain of the property; -- there must be~a practical difficulty or substantial hardship li}~at~s~n~s ~{ ~-~ -~-~p~cific site, where the re- striction is substantia~ and not inconsequential or for the convenienc~ of the applicant; -- no special devel~.p, ment privilege.is confer- red o'n the on the pro~'erty not gained by other properties in the vi~c~n_ity and in the zone in which the property is ~ocated; . -- no adverse impaq, ts and incompatibility, are created by grant of qbe variance that will un- favorably alter the neighborhood and imp. or enjoy use.of-adjoin: -- the grant of the for the economic gain economic loss'or mit basic character' of the lit the ability to develop lng properties; variance cannot be solely iof the applicant, prevent gate personal or family ~lif ficulties; and ~ -- the variance mu..t be the minimum neces- sary to carry out d'ev~lopment. The variance must ~elate to an area regula- tion imposed on the ~ property by the zoning code in the zone dist4ct in which the property is located. Use variaqces are prohibited, which are variances that permit a use not all~wed in the zone district, tantamount to a de-facto rezomng of the property. Area variances ~n- clude: reduction of minimum lot area and width; reduction of setback or minimum zone yard depth for principal and accessory struc- tures and fences{ increase in maximum height of buildings, structures and fences; increase in impervious surface ratio, building coverage on the lot, or lot area per dwelling unit but not sufficient to increase dwelling density to cre- ate a change in zoning;, reduction in spacing between structures; and reduction in the amount of off-street parking and loading re- quired. ;. The deciding authority can impose conditions on development of the property to meet the standards and to assure that development will be carried out under the terms of the variance in a timely manner. The conditions must relate to the variance or to its intention, often to reduce the amount or degree of variance re- quested. Some codes impose percentage limits on specific types of variances that can be granted by the deciding authority. Special exceptions Special exceptions are a relaxation of the gen- eral. zoning requirements authorized by specific zoning code regulations for specially described situations. The zoning code imposes develop- ment standards on each of these situations. The standards guide the applicant -in seeking the exception and the deciding authority in granting it. What many codes describe as a special exception is a conditional use as a mat- ter of terminology, not an exception as we describe it here. An exception is not a variance, since an ex- ception allows something permitted by the code through application of standards relating to the exception; a variance allows something not permitted by the code under standards applied by the deciding authority to all variances. An exception is.similar to a conditional use. An exception is a .minor approval that can au- thorize accessory and ancillary uses in specific situations and never authorizes principal uses. The intent of special exceptions is not to sub- January 20, 1995 Issue