No matter how well any ordinance is written, there will almost assuredly be a situation in which:
- The ordinance creates an unfair hardship.
- The requirements of the ordinance as applied to a particular situation create a result that is inconsistent with the ordinance's intent.
- The application of the ordinance to a particular situation is ambiguous or undefined.
In the case of the ordinances regulating the development and construction process, the frequency with which these situations occur increases substantially due to the complexity of the requirements and the wide variations between development conditions on different projects.
As a result, the City has several procedures for requesting relief from nearly any requirement of the zoning regulations, subdivision regulations, building codes, or engineering design standards.
This is an overview of the general process and the specific application requirements and decision-making criteria unique to each type of variance or appeal. The details vary significantly depending upon whether the requirement is contained in the zoning regulations, the building code or the engineering standards. Each step in the process will contain specifics dealing with each major option.
It is important to point out that the City does not approve variances or appeals simply based on convenience or expense. There must be solid justification for why a requirement that is typically applied to every project should not be applied to a particular project.