§ 2.6. VARIATIONS

2.6.1

Purpose

The purpose of providing for variations is to enable the City to grant relief from the strict interpretation of the standards of this development code where they impose a particular hardship or difficulty because of unique or peculiar circumstances for land or use. Variations shall only be granted which are, in the judgment of the Zoning Administrator, Development Review Board, Zoning Board of Appeals or City Council, as applicable, in harmony with the general purposes and intent of this development code and which meet the requirements as set forth below.

A.

Types of Variations

1.

Administrative Deviations. Deviations from height, yard, bulk, lot area, and fence height provisions of this ordinance that are less than twenty percent (20%) of the required standard.

a.

Specific Administrative Deviations for Form Districts, CN & CG.

1)

Building Envelope Standards

(i)

Height

a)

Minimum and maximum story heights - up to 10% for any one story, limit of 5% for any cumulative increase or decrease in building height. Street wall/fence requirements - up to 10%.

b)

Finished floor elevation - up to 5%.

(ii)

Siting

a)

Required building line - increase of up to 6 inches (from specified 18 inches to 24 inches).

b)

Required building line (minimum percentage build-to) - reduction of up to 5% of required length.

c)

Mezzanine floor area - up to 10% additional area.

d)

Street wall requirements - up to 10%.

e)

Entrances (maximum average spacing) - up to 5% increase in spacing.

(iii)

Elements

a)

Windows and Doors (minimum and maximum percent) - up to 5%.

b)

Elements (minimum and maximum projections) - up to 5%.

2)

Architectural Standards

(i)

Primary and accent materials - up to 10%.

(ii)

Shopfront entry geometry - up to 10%.

(iii)

Materials - acceptable equivalent or better material.

(iv)

Wall Signs - façade placement for one story structures constructed prior to the establishment of Unified Development Code in any form district. The wall sign must align with or be framed by the building's major architectural elements such as doors, windows, moldings, pilasters, arches, roof eaves, and/or cornice lines. The deviation will not be allowed if the property meets the Applicability Standards per Section 2.16 of Commercial, Office, Industrial Expansion of Building Area 51% or greater or Commercial, Office, Industrial Façade Changes.

(v)

Awnings and Overhangs - minimum height location for one story structures constructed prior to the establishment of Unified Development Code in any form district. The awning/overhang must align with or be framed by the building's major architectural elements such as doors, windows, moldings, pilasters, arches, roof eaves, and/or cornice lines. The deviation will not be allowed if the property meets the Applicability Standards per Section 2.16 of Commercial, Office, Industrial Expansion of Building Area 51% or greater or Commercial, Office, Industrial Façade Changes.

2.

Minor Variations. Minor variations are variations from height, yard, bulk, lot area, and fence height provisions of this ordinance that are 20% to 50% of the required standard.

3.

Major Variations. Major variations are variations from height, yard, bulk, lot area, and fence height provisions of this ordinance that are greater than 50% of the required standard and all variations which are not administrative deviations and minor variations.

All minor and major variations in a Form District shall be considered special uses.

2.6.2

Authority

Authority to grant or deny minor and major variations is to be exercised by the Zoning Board of Appeals. The Development Review Board is authorized to approve administrative deviations to certain requirements. This optional process shall occur only where the applicant requests an administrative deviation to a district standard as specified below.

2.6.3

Procedure

A.

Filing of Application

Any person, firm, corporation, office, department, or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or any exclusive possessory interest, and which is specifically enforceable, may file an application for a variance with the consent of the property owner.

B.

Decision by Zoning Administrator

An application for a variation shall be filed with the Zoning Administrator, who shall process the application, analyze the request and make a determination as to whether the request is an allowable variation.

C.

Procedure for Variations

1.

For an administrative deviation, the applicant shall provide to the Zoning Administrator all of the information required for making a decision, including a site plan or plot plan, elevations, photographs, and other materials as necessary. The Zoning Administrator shall then forward the application to the Development Review Board for review and approval.

For this type of deviation, the Zoning Administrator shall mail notices, per department procedures, of the subject property and all property which adjoins or would adjoin the subject property except for the presence of a street or alley adjacent to the subject property for which a preliminary approval of a deviation has been granted by the Development Review Board. The notice shall state that the preliminary approval granted shall become final if no interested party files a written objection to the requested variance within ten (10) days of the date of the notice. All written objections must state the basis for the objection to the requested administrative deviation.

In the event the owner or occupant of any property located within 250′ of the subject property files a written objection to the proposed deviation with the Zoning Administrator within the allowed time, the deviation request shall not receive final approval.

Applicants for administrative deviations that have not received final approval or that have been denied shall be heard by the Zoning Board of Appeals as a minor variance.

2.

Upon receipt of an application for a minor or major variation, the Zoning Administrator shall cause the proposal to be reviewed by the appropriate members of City staff, and recommendations and proposed findings of fact to be forwarded to the Zoning Board of Appeals. In the event the proposed variation is for property subject to site plan review, the recommendations and findings of fact shall be made by the Development Review Board. However, if the proposed variation is for property which is not subject to site plan review, the recommendations and proposed findings of fact shall be made by the Zoning Administrator.

D.

Notice Requirements for Public Hearing for Minor or Major Variation

Not less than 15 days nor more than thirty 30 days prior to a public hearing for Minor or Major Variation, notice of the time and place of such public hearing shall be advertised by:

1.

Publication at least once in a newspaper of general circulation;

2.

Mailing of notices of the hearing by the City of Peoria to assessees, per department procedures, of the subject property and all property within 250 feet of the property line of the subject property; and

3.

The posting of the Official Notice of Public Hearing Sign, by the petitioner, per department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this development code.

E.

Standards for Administrative Deviations

To approve an administrative deviation, the Development Review Board shall make an affirmative finding that all of the following criteria are met:

A.

That granting the administrative deviation will not have an adverse impact on land use compatibility;

B.

That granting the administrative deviation will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed;

C.

In the Form Districts, that granting the administrative deviation will not have an adverse impact on the urban form and/or the street-space;

D.

That granting the administrative deviation is consistent with the purpose and intent of this development code (see 1.4 and 1.5); and

E.

That granting the administrative deviation is consistent with the purposes and intent of the adopted plans (see 1.6).

F.

Standards for Minor Variations

No minor variations from this development code shall be granted unless the entity or person granting such variation shall find based upon the evidence presented to them in each specific case that all of the following five criteria have been met:

1.

The plight of the owner is due to unique circumstances.

2.

The variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties.

3.

The proposed variance represents the minimum deviation from the standards necessary to accomplish the desired improvement.

4.

The conditions of the variances requested are not self-created.

5.

The granting of the variation will result in a public benefit to the surrounding neighborhood and the City as a whole. The public benefit may include, but is not limited to, preservation or enhancement of desirable site characteristics or natural features or historic resources, design that enhances the surrounding area, economic development which may enhance the local economy, or efficient use of land as it relates to surrounding structures and services.

G.

Standards for Major Variations

No major variations from this development code shall be granted unless the entity or person granting such variation shall find based upon the evidence presented to them in each specific case that the following three criteria have been met:

1.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district; and

2.

The plight of the owner is due to unique circumstances; and

3.

The variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties.

For the purpose of implementing the above three criteria for variations in making the recommendations whether there are practical difficulties or particular hardships, the following facts, favorable to the applicant and established by evidence, shall be taken into consideration:

1.

The purpose of the variation is not based primarily upon a desire to increase financial gain. This fact can be considered for criterion 1.

2.

The particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. This fact can be considered for criterion 2.

3.

The conditions upon which an application for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification. This fact can be considered for criterion 2.

4.

The practical difficulty or hardship is caused by this ordinance and has not been created by any persons presently having an interest in the property. This fact can be considered for criterion 2.

5.

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. This fact can be considered for criterion 3.

6.

The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. This fact can be considered for criterion 3.

H.

Right to Impose Conditions

The person or entity granting any variance may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section and the objectives of this development code.

I.

Allowable Variations

Except as otherwise provided, variations that meet the standards established in paragraphs E, F, and G above, may be granted from the standards set forth in this development code including but not limited to time requirements, bulk requirements and yard requirements. However, in no instance shall a variance for a use change be granted. A use change shall be obtained with a map amendment (see 2.8) or pursuant to Chapter 9.0, Nonconformities.

J.

Revocation

Where a variation has been granted pursuant to the provisions of this development code, such approval shall become null and void unless work is complete within 24 months of the date of issuance, unless a more restrictive time period is made a condition of the granting the variance.

K.

Effect of Denial of a Proposed Variance

No application for a variance which has been denied by the Zoning Board of Appeals shall be submitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator.

( Ord. No. 17658 , § 1, 2-26-19)