Variances are granted on the basis of hardship, i.e., hills, slopes, easements, large trees, existing construction, etc., not inconvenience. The variance, if granted, will be the minimum variance possible for the proposed structure. The procedure of applying for a variance is as follows:
PRESCRIBED HARDSHIPS - Municipal Code 14-203(3)
VARIANCE REQUESTS WILL ONLY BE GRANTED IF THE RULING WOULD NOT BE DETRIMENTAL TO THE PUBLIC GOOD AND IF THE APPLICANT CAN ESTABLISH THE MANNER IN WHICH ONE OF THE FOLLOWING HARDSHIPS RELATES TO THE SUBJECT PROPERTY:
1. Exceptional narrowness
2. Exceptional shallowness
3. Exceptional topographic condition
4. Exceptional shape
5. Exceptional situation/condition
_________________________________________________________________________________________
STANDARDS FOR VARIANCES - Municipal Code 14-206
Based on the powers and jurisdiction of the Board of Zoning Appeals as set forth in the Zoning Ordinance, a variance is hereby requested as applied to this property. The undersigned understands that the BZA reviews all cases with respect to the following standards:
1. The particular physical surroundings, shape, or topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this chapter were carried out must be stated.
2. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district.
3. The variance will not authorize activities in a zone district other than those permitted by this chapter.
4. Financial returns only shall not be considered as a basis for granting a variance.
5. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this chapter (Ord. #12-16, Jan. 2013)
6. That granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures, or buildings in the same districts.
7. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
8. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located.
9. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area.
Pre-Application Meeting
(Before BZA Submittal Deadline – depending on complexity of the project see requirement below*)
-
Applicant is required to meet with the Codes Department in a Pre-Application Meeting
-
Codes Department explains City requirements, determines viability for BZA, and confirms applicable fees.
-
*IF DRAWINGS AND INFORMATION INTRODUCED AT PRE-APPLICATION MEETING ARE NOT CORRECT, THE SUBMITTED INFORMATION MAY NEED ONE OR MORE REVISIONS. FINAL SUBMITTAL FOR BZA PRESENTATION MUST BE COMPLETE AND APPROVED BEFORE BEING DEEMED ELIGIBLE FOR ACCEPTANCE AT SUBMITTAL DEADLINE.
-
Official Submittal Deadline
(3rd Tuesday of the month prior to month of desired BZA presentation)
-
Applicant submits all required information to Codes Department in final and complete format:
-
Application for BZA completed by applicant
-
Check, Cash or Card (3.5% transaction fee)
-
Fee(s) for either Residential applicants or Conditional Use Permit (CUP) holders
-
Residential Appeal Presentation Fee: $250
-
CUP Fees for BZA:
-
CUP Review / Presentation Fee: $250
-
CUP structure < 1,000 sf impervious surface: $1000
-
CUP structure ≥ 1,000 sf impervious surface: $4000
-
-
CUP Plan Review Fee for modifications: $150/hr.
-
CUP Master Plan cases may require both BZA and PC, but CUP fees will only be assessed once.
-
-
-
-
Consolidated PDF Plans (ELECTRONIC PLANS MUST BE BOTH APPROVED AND SUBMITTED BY SUBMITTAL DEADLINE)
-
Email 1 electronic version of all plans/documentation, to be used in BZA presentation.
Email to: code.officer [at] oakhilltn.us (planning[at]oakhilltn[dot]us)
Copy to: inspections [at] oakhilltn.us
-
Hard Copies of Plans (HARD COPIES OF PLANS MUST BE BOTH APPROVED/SUBMITTED BY SUBMITTAL DEADLINE)
-
11”x 17” hard copies of final
-
8.5”x11” hard copies of any supporting documentation
-
Reports can be a summarized version for prints only.
-
7 Individually bound packets (same order as electronic PDF submission)
-
-
-
NOTE: AT SUBMITTAL, THE NATURE AND SCOPE OF THE APPLICANT’S VARIANCE-REQUEST OF THE BZA MUST BE ACCURATELY DEFINED AND SHOULD NOT CHANGE AFTER THIS SUBMISSION SINCE THE PUBLIC WILL BE NOTIFIED BY MAIL OF THE SPECIFIC VARIANCE-REQUEST TEN DAYS PRIOR TO THE BZA MEETING.
Public Notice Mailings & Website-Posting
(Min. 10 days before BZA Meeting)
-
Codes Department reviews the submitted plans to confirm City’s record of plans, documents, application, and fee-payment.
-
Codes Department coordinates with applicant as needed to coordinate any special circumstances.
-
Codes Department mails out public notice of BZA meeting min. 10 days prior to BZA meeting stating proposed variance-request.
-
Codes Department posts PUBLIC MEETING NOTICE sign on subject property min. 7 days prior to BZA meeting.
-
City posts BZA Meeting Agenda on City website stating proposed variance-request.
Preliminary BZA Review
(1 week before BZA Meeting)
-
On 1st Tuesday before BZA Meeting, Codes Department sends all final project information to BZA member for review in preparation for BZA meeting.
NOTE: NO PLANS/DOCUMENTATION WILL BE ACCEPTED PAST THIS DATE FOR INCLUSION IN THE BZA MEETING.
BZA MEETING – 6:00pm – City of Oak Hill Meeting Room
(3rd Tuesday of every month)
-
Applicant’s representative must attend and present case.
-
Applicant BZA / PC Public Notice sign must be returned at meeting.
-
Applicant must be prepared to explain the nature of the hardship [see the 5 prescribed hardships in Municipal Code 14-203 (3)]*
-
Applicant must be prepared to explain how the requested variance(s) conforms to the nine Standards for Variances listed in Municipal Code 14-206.*
-
If the request is approved, a building permit can be issued the following day to the applicant/homeowner with the pertinent information. If the request is deferred, the applicant must communicate with the Codes Department the new meeting date and any additional documentation.
Updating or Requesting a Conditional Use Permit
The applicant must Meet with the Codes Department to discuss the proposed construction to see if an update is needed or a new Conditional Use Permit is possible. The City of Oak Hill is zoned strictly residential — single-family dwellings — with churches and schools only working on Conditional Use Permits. There are no businesses within the City of Oak Hill. Churches and schools must have a minimum of 6.42 acres, or 280,000 sq ft, plus additional acreage depending on the grade levels given at the school.
If an update or new Conditional Use Permit is required, the Board of Zoning Appeals will approve the conceptual viewpoints of the project, and the Planning Commission will look at the technical viewpoints. The information needed before the Board of Zoning Appeals would be the same as required of a residential variance as stated above and should include lighting and traffic studies, drainage calculations, and impervious land coverage percentages. The fee for churches and schools to come before the Board of Zoning Appeals is $1,000 if there is no additional impervious surface proposed or $4,000 if the impervious surface is proposed to be added on the property.