Land Development Code :: Back to Table of Contents

Section 1203.07    Variances

  1. Applicability
    1. The Board of Zoning and Building Appeals shall hear requests for variances
      where it is alleged that provisions of this Code inflict a practical difficulty
      upon the applicant.
    2.  See Section 1203.08, "Minor Modifications," whereby, under the
      circumstances set forth therein, the City Manager shall have authority to
      approve minor modifications from specified provisions of this Code without
      review by the BZBA for a variance.

  2. Procedure for Approval of Variances
    Applications for approval of variances shall follow the core development approval
    process set forth Section 1203.02 of this Chapter, except for the following
    modifications:
    1. After Step 3 "Staff Review and Report": Review and Action by the BZBA.
      The staff report on an application for a variance shall be forwarded to the
      BZBA. At its sole discretion, the BZBA may refer the application to the PC
      for its review and recommendation. The BZBA shall review the application
      and staff report and take final action by either approving, approving with
      conditions, or denying such application. The BZBA's decision on the
      application shall be final. See Section 1202.03, for provisions relating to
      timing and notice for BZBA hearings.

      No review or action by either the PC (Step 4) or the City Council (Step 5) is
      required on an application for a variance.

  3. Standards for Review
    All applications for variances shall demonstrate compliance with the standards and
    criteria set forth in Section 1204.03 of this Code.

  4. Requirement of Guarantee
    In authorizing a variance with attached conditions, the BZBA shall require such
    evidence and guarantee or bond as it deems necessary to guarantee compliance with
    such attached conditions.

  5. Lapse
    Failure of an applicant to commence substantial construction or action with regard to
    the variance approval within one (1) year of receiving approval of the variance and to
    complete such construction or action within two (2) years of receiving approval of
    the variance shall automatically render the decision of the BZBA null and void.

  6. Application
    Applications for variances shall be submitted to the City Manager upon such forms
    as approved by the City Manager.

  7. Submittal Requirements
    See Appendix A for submittal requirements for an application for variance.