Waiver from planning code requirement due to hardship of the applicant.
A device which grants a property owner relief from certain provisions of the Critical Area ordinances when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to benefit economically. Authority to decide variances is vested in the local jurisdiction's Board of Appeals or, in certain jurisdictions, a special hearing examiner. All variances granted by Boards of Appeal or hearing examiners within the Critical Area are reviewed by Critical Area Commission staff for consistency with State regulations.
A limited waiver from the requirements of the zoning ordinance, or building code, that may be granted because of special circumstances regarding the subject property. A land use variance usually requires a public hearing before the Planning Commission, Zoning Board,or Zoning Administrator. A building code variance may be granted by the Building Official, or a Board of Permit Appeals.