Special Exception, Variance, & ECD Waiver Permits

SPECIAL EXCEPTION

A Special Exception is a use that is specifically listed in a zoning district that is only permitted when granted by City Council at a public hearing based on a finding that the granting of the special exception will not adversely affect the public interest. Conditions can be attached to the approval to ensure that the public's health, safety and general welfare will not be negatively impacted by the use. These conditions generally relate to site suitability and compatibility with neighboring land uses due to noise, traffic, and mass of structures. In short, a special exception use must be custom tailored to a specific location.  The Planning and Zoning Board will hear and make a recommendation to City Council prior to City Council public hearing

Variance

A variance is an authorization by City Council to meet less than a standard zoning requirement, such as minimum lot size, building setback, or number of parking spaces, when there are practical difficulties or unnecessary hardships in meeting the Code standard.  Prior to granting the variance, City Council must find the six criteria for approval are met, with the most important being,

• That special conditions and circumstances exist which are peculiar to the land, structure, or building; 
• That the special conditions and circumstances do not result from the actions of the applicant; and, 
• That approval of the variance will be in harmony and not be injurious to the neighborhood or otherwise detrimental to the public welfare.

The Planning and Zoning Board reviews and makes a finding if the six criteria have been met prior to the City Council public hearing. A variance cannot be approved for a use that is not allowed in the zoning district. 

ECD Waiver

Specific to the ECD zoning district, a Waiver from the minimum ECD standards can be requested when Council makes a finding that strict application of the ECD standards would create an illogical, impossible, impractical or unreasonable result on a proposed development. This Waiver procedure is not available for purposes of permitting a use that is otherwise prohibited in the ECD district. The Planning and Zoning Board will hear and make a recommendation to City Council prior to City Council public hearing.

CHAPTER 126 VARIANCE

Council may grant a variance from the terms of Chapter 126: Subdivisions, when such Variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of this chapter. The Planning and Zoning Board will hear and make a recommendation to City Council prior to City Council public hearing

BOAT DOCK VARIANCE

An application for a Variance from the requirements of the boat dock code may be submitted to the City.  At a minimum, the applicant shall identify the paragraphs of this article from which the applicant seeks a Variance and the extent of the requested Variance. An application for a Variance may be processed at the same time or prior to an application for a boat dock permit. The Planning and Zoning Board will hear and make a recommendation to City Council prior to City Council public hearing.