Variance & Special Use Permits

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:

  1. Whether there are exceptional or extraordinary circumstances or conditions applying to the real property that do not apply generally to other nearby real property;
  2. 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;
  3. Whether a variance will preserve a substantial property right possessed by other owners of nearby real property;
  4. Whether the variance would be detrimental to the community;
  5. 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.

Variance & Special Use Permits

Variance & Special Use Permits

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