- Zoning Variance
- Zoning Deviation
- Nonconforming Situation Permit
- Zoning Appeal
- Building Code Variance
- Building Code Appeal
- Public Work Variance or Exception
Zoning Variance: The development requirements established by the city's zoning regulations as they apply to a particular piece of property can be modified or eliminated by the Board of Zoning Appeals. Variance requests are reviewed in light of five criteria specified by state statute that are intended to evaluate the uniqueness of the property, the impact on adjacent property owners, the hardship caused by the requirement, and the intent of the requirement. This process applies only to property contained within one of the city's conventional zoning districts (i.e., not one of the "planned" zoning districts).
Zoning Deviation: This process is very similar to the Zoning Variance except that it applies to property located in a "planned" zoning district. Since the development plans that are a part of each planned zoning district are approved by the Planning Commission, variances or deviations from the normal zoning requirements are also reviewed by the Planning Commission.
Nonconforming Situation Permit: When property is legally developed but later becomes nonconforming due to a change in the zoning ordinance, that property can legally remain as developed for an indefinite period of time. Where the nonconformity involves a site improvement (such as a parking lot or storm drainage improvements), buildings on the site cannot normally be expanded or renovated without also correcting the nonconforming site improvement. If bringing the site improvements into compliance with current regulations is not reasonably possible and the proposed expansion or renovation of the property will not adversely effect adjacent property owners, then a Nonconforming Situation Permit can be approved to allow the work to take place. This approval can either waive the requirement for bringing site improvements into compliance or can require only partial compliance. Requests for a Nonconforming Situation Permit are reviewed and approved by either the Board of Zoning Appeals in the case of a conventional zoning district, or the Planning Commission in the case of a "planned" zoning district.
Zoning Appeal:The application of a particular zoning requirement to a particular piece of property or a particular development proposal often involves some judgment on the part of the city staff. If a property owner or a developer believes that the decision of the staff is based on an incorrect interpretation of the ordinance, then that interpretation can be appealed to the Board of Zoning Appeals. The deliberation of the board will focus on the wording and intent of the ordinance provision, not on a specific location or piece of property. Thus, the decision of the Board will affect all subsequent interpretations of that ordinance provision.
Building Code Variance: The requirements of the city's Building Codes can be waived or modified by the Code Board of Appeals where it can be demonstrated that an alternative design or an equivalent form of construction will comply with the intent of the Codes and result in a structure that adequately protects the public safety. The Code Board of Appeals is a five-member board (with 2 alternates) that is appointed by the Mayor and the Council. The membership of the board is divided between architects, engineers and contractors. They meet on an as-needed basis, generally within 10 days of when an application is filed.
Building Code Appeal: The application of the building code requirements to a specific construction project often involves some judgment on the part of the city staff. If a designer or contractor believes that the staff has made a decision that is based on an incorrect interpretation of the code provisions, then that decision can be appealed to the Code Board of Appeals. In addition, if a designer or contractor believes that a staff decision is based on a code provision that does not apply to the proposed project, then that decision may be appealed as well.
Public Works Variance or Exception: The engineering design standards that are required by code or by city resolution can be waived or modified by the City Council following a review and recommendation by the Public Works Committee of the City Council. The applicant for this type of variance needs to demonstrate that the application of the normal standards would create some type of hardship and that the intent of the requirements can be met in some other way.