Variances
VARIANCES DEAL WITH THE 'VARYING' FROM
CERTAIN ZONING REQUIREMENTS
IN CASES WHERE UNIQUE LOT CIRCUMSTANCES EXIST
CERTAIN ZONING REQUIREMENTS
IN CASES WHERE UNIQUE LOT CIRCUMSTANCES EXIST
Variances are oriented to the LOT and deal with setbacks, bulk/size, density, height, yard requirements, and similar concerns on lots with unique circumstances.
A property owner can request a Variance if a project does not meet the performance standards, setbacks, and/or lot requirements set forth in the City Zoning Ordinance.
Variance requests are acted upon by the City Council, following the required Public Hearing.
APPLICATION FORM ... Click on the link at the bottom of this page for a Variance Application.
VARIANCE DEFINITION
As defined by the City of St. Clair Zoning Ordinance, a Variance is the VARYING or waiving of specific literal provisions of the Zoning Ordinance in cases where there strict enforcement would cause undue hardship because of physical circumstances unique to the individual property. A Variance shall be limited to height, bulk, density, setback and yard requirements.
The Council may grant a Variance ONLY when strict enforcement of the Zoning Ordinance causes the property owner UNDUE HARDSHIP.
All three (3) of the following criteria must apply in order to constitute an undue hardship:
| 1... | The property cannot be put to reasonable use without the Variance; |
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2. |
The property owner's plight is not caused by the owner, but is due to circumstances unique to the property; and |
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3. |
The Variance, if granted, will not alter the essential character of the property, the neighborhood, or the Zoning District. |
PLEASE NOTE: Economic circumstances do not constitute an undue hardship.
PUBLIC HEARING REQUIREMENT
A Public Hearing, with at least ten (10) days published notice and written notification to all property owners within three hundred and fifty feet (350') of the subject property, is required prior to any City Council action on a Variance request.
VARIANCE FEE: $300.00
