Variance
Generally, a Variance is a departure from the literal enforcement of a standard, requirement or regulation relating to the use of real property. Variances are usually based on the physical characteristics of the real property. Considerations usually include:
- Whether there are exceptional or extraordinary circumstances or conditions applying to the real property that do not apply generally to other nearby real property;
- Whether the land or structure in question cannot be reasonably used and cannot yield a reasonable return if used only in accordance with the standard, requirement or regulation;
- Whether a variance will preserve a substantial property right possessed by other owners of nearby real property;
- Whether the variance would be detrimental to the community;
- Whether the variance complies with the governing body’s comprehensive plan.
Special Use Permit
Generally, a Special Use Permit allows an owner of real property to use the real property in a manner different than what is mandated in a specified standard, requirement or regulation. The intended use of the real property may not be detrimental to the community.
Administrative Process
In most jurisdictions, a person who seeks a Variance or Special Use Permit must complete an application and submit it to the governing body. Thereafter, a public hearing will be held before either a Board of Adjustment or a Hearing Examiner. At the public hearing, the governing body and the Applicant will each have an opportunity to give a presentation regarding the requested Variance or Special Use Permit. Members of the public in attendance may also voice their support of opposition to the requested Variance or Special Use Permit.
