Label
Variances TMC Text Amendment
Zoning & Planning Committee
Title
Amending Toledo Municipal Code (TMC), Part Eleven, Subsections 1111.1705: Variances, and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The International Code Council describes a variance as a relaxation of the strict provisions of the Zoning Ordinance. A variance is usually granted when the property owner can demonstrate that existing regulations present a practical difficulty in the use of the property. They require thorough examination of the subject property in addition to any potential impacts on the surrounding community. The applicant must demonstrate a unique hardship or practical difficulty that justifies the need for a variance. This process ensures that the integrity of the community's Zoning Plan is upheld, while also providing flexibility for property owners. Variances are to be granted occasionally, providing a safety valve that alleviates unique hardships encountered by a property owner.
The variance procedures are not intended to permit a use in a Zoning District that is not otherwise allowed in that district, nor may the variance procedures be used to waive, or otherwise circumvent a condition of approval or requirement imposed by another decision-making body. The Board of Zoning Appeals reviews all variance requests and makes a decision based on the criteria set forth in TMC?1111.1705. Zoning variances shall only be approved when the Board of Zoning Appeals finds substantial evidence in the official record to support all the following findings:
A. Unnecessary hardships or practical difficulties apply to the subject land, buildings or uses which are not generally applicable to other land, buildings, structures, or uses in the same zoning district;
B. The undue hardship or practical difficulties are not the result of the actions of the property owner or applicant, their agent, employee, or contractor;
C. Granting the requested variance will not result in adv...
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