VARIANCES
Persons proposing to build a new structure that would not comply with the site development requirements of the Zoning Code can request a variance from the terms of the Code. Petitions for Variances are considered in a public meeting by the Board of Zoning Appeals. Examples of the most common Variances requested from the site development requirements include relaxing the front, side or rear green space requirements, required parking, signage requirements, limits on accessory structure size/height, etc. No Variances from the use district or classification designated in the Zoning Code can be granted by the BZA.
A Variance petition must be filed with a legal description of the site, a site plan, the check for the filing fee, and a list of the abutting property owners. Variance packets that describe filing procedures, fees and deadlines, are available in the APC office and through the link above. It is recommended that petitioners confer with the APC staff before filing, and meet up-front with land owners and/or any neighborhood association in the area to discuss the proposal. Hiring an attorney, engineer or surveyor as a representative can be helpful but is not required. The petitioner must send notice to abutting property owners by certified mail, return receipt requested. Green receipts must be turned in to staff prior to the BZA hearing.
Once a petition is filed, APC staff will request comments from reviewing agencies, write staff field reports on the variance proposed, and distribute these reports. Consideration of health, safety and welfare as well as impacts on the use and value of adjacent property is required in the BZA decision. The Board of Zoning Appeals makes the final decision on all Variances. No other public hearing is required. The Variance process generally takes six weeks from filing to final approval.