"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.