"D" Variances (USE)

Functions

Filed by an applicant for one of the following reasons:

To construct or create a use or principal structure in a Zoning district that has restrictions against such use or principal structure
To expand a non-conforming use
To deviate from a conditional use requirement
To increase the permitted floor area ratio (FAR) in a specified Zoning District
The height of a proposed building is greater than 10% of the permitted height in that zone

The applicant must demonstrate that special reasons exist for the granting of the variance and that same would not result in significant detriment. The granting of a "d" Variance requires the affirmative votes of at lease five members of the Zoning Board of Adjustment.

Examples of "d" Variances

Case 1

A doctor wishes to practice out of his home which is in a residential zone. The Zoning Ordinance prohibits businesses in such a zone. Therefore, a "d" Variance is needed.

Case 2

A retailer wishes to open in an office zone. The Zoning Ordinance prohibits this. Therefore, a "d" Variance is needed.

Case 3

A business owner in a business zone is looking to expand parking and has found an adjacent property for sale in a residential zone. The business owner wishes to convert the lot for parking. Parking lots are not permitted in a residential zone. Therefore, a "d" Variance is needed.