Zoning Variations

The Zoning Board of Appeals (ZBA) also reviews “variations,” which provide a “relief valve” from the zoning ordinance's strict requirements. Most city lots are a standard 25’ x 125’ size and can accommodate the zoning ordinance requirements. Some lots, however, are smaller or oddly configured, and need waivers -- variations -- to become buildable. Like Special Uses, variations are reviewed on a case-by-case basis by the ZBA.

In order for a Variation Application to be approved, the intended use of the space must meet the following criteria:

• Strict compliance with the regulations and standards of the Zoning Ordinance would create practical difficulties or particular hardships for the property; and
  
• The requested variation is consistent with Ordinance's purpose and intent.

An example of a zoning variation: applying to increase the floor space for art/business use defined, in the ordinance, as artist live/work space. Typically, art/business space in these districts is limited to 50% of the overall space. However, you can apply for a variation to allow the art/business space use to increase to 60% of the overall space.

Like Special Use Approval, conditions of use can be applied to the property. In other words, the ZBA could approve your use of the space, but place restrictions on the use. You may be required to provide street lighting for an area that has high pedestrian traffic, for example.

In addition, the ZBA must answer the application within 90 days of the request, or it is considered approved after 120 days. Again, the activity for which you applied for the variation must begin within 12 months after receiving approval, or the application will be considered null and void. The variation will also be invalid if the space is not used for the approved purpose for a period of six continuous months.