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Unlike a variance, which gives permission to an owner to use property in a manner inconsistent with a local zoning ordinance, a special exception involves a use permitted by the zoning ordinance, but under stated conditions.
Variances from the existing zoning are possible. Applications for a variance are considered by the City's Board of Standards & Appeals (BSA). Property owners seeking a variance must demonstrate that there are ?practical difficulties or unnecessary hardships? they face in meeting the zoning regulations.
A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.
Anyone, including an individual or the City, may propose a zoning amendment. Zoning map amendments may be adopted only after a formal public review process, where they must ultimately be approved by the City Planning Commission and adopted by the City Council, as set forth in the City Charter.
USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.
Examples of zoning variances Engaging in construction or some other alteration so that the building or property qualifies for a new zoning classification, like modifying a single-family home to be a duplex. Intent to change the use of an existing property or building, like turning a house into an antiques store.
Area variances allow property owners to build or construct something typically prohibited by physical zoning requirements. Use variances allow property owners to utilize or operate their property in a way that zoning requirements traditionally forbid.
A Zoning Variance is a special approval to develop a property in a manner that does not completely conform with the Zoning Regulations.