In the event that the required Zoning Regulations restrict an aspect of development and the necessary adjustments cannot be met, zoning relief may be required in one form or another.
Board of Zoning Appeals
The Board of Zoning Appeals serves as a pseudo-judicial body that assists the City in decision-making regarding zoning issues. The Board consists of 7 citizens appointed by City Council and votes to approve or deny cases based on specific criteria. The Board hears applications for the following:
Variances
The Board of Zoning Appeals may grant a variance to certain provisions of the Zoning Ordinance where a literal enforcement of the provisions of the Ordinance would result in an unnecessary hardship. For the Board to approve such a request, certain criteria must be met.
Special Exceptions
Certain uses are permitted in zoning districts with permission from the Board of Zoning Appeals. These permissions are called Special Exceptions. The Board of Zoning Appeals approves or denies applications for Special Exceptions based on the appropriateness of the use in the district and surrounding community and whether or not the use meets the required minimum criteria.
Applications and additional information can be obtained at the Board of Zoning Appeals webpage, at the zoning counter or by email.
Administrative Adjustment
The purpose of an Administrative Adjustment is to establish a mechanism for the Zoning Administrator to approve minor deviations from the dimensional or design standards of the Ordinance in specific circumstances. In the case that a proposed use or action is prohibited in a certain district, seeking a rezoning may be an option.
An Administrative Adjustment may be requested and granted for up to 10 percent of any numeric parking standard set out in Sec. 17-5.2(d)(1), up to 10 percent of any fence height standard set out in Table 17-5.8(d)(3), and up to 20 percent of any numeric dimensional standard governing lot width, lot area, building height, or building setback set out in Article 3.
If an Administrative Adjustment is being requested, the application must be submitted to the Zoning Administrator. The Administrator will either approve, approve with conditions, approve a lesser modification with or without conditions, or deny the application usually within 5 – 7 business days.
All other development approvals and permits must also be obtained.
Zoning Map Amendment (Rezoning)
In the event there is no relief available – your land may be eligible for a zoning map amendment (rezoning). The property that is the subject of the application must have a minimum land area of at least two acres or must be extending an existing district boundary. If a rezoning is requested, a pre-application meeting is required before the application is submitted to Zoning staff for Planning Commission and Zoning Public Hearing reviews.
Nonconforming Uses or Structures
If a current use or structure in the City does not meet the regulations in the Ordinance, it is considered a nonconforming use or structure.
The intent of the Zoning Ordinance is to permit these nonconformities to continue only until removed, but not to encourage survival. Any nonconforming use or structure must have a Certificate of Zoning Compliance-Nonconformity on file with Zoning staff.
In all cases, the burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located. The Zoning Administrator may issue a Certificate of Zoning Compliance upon acceptance of reasonable proof that the nonconformity was lawfully in existence at the time of the effective date of this ordinance and has not been vacant, abandoned, or discontinued for any period of 12 consecutive months within the last six years.
Once the application and all relative supporting materials for the last 6 years are submitted to the Zoning Administrator, the review process begins and is usually completed within 5 to 7 business days.
If the nonconformity is vacant for more than 12 consecutive months, the nonconformity loses its status and must conform to City Code.
Contact our office at (803) 545-3333 or email [email protected] to confirm zoning or to obtain additional information.