General
A variance is a deviation from the established zoning regulations. A variance usually occurs when there are unique topographical circumstances that make it difficult or impossible to meet the requirements of the Zoning Code. Someone may apply for a variance if they wish to develop but do not have the means to meet the parameters of the Zoning Code.
You can apply for a variance through the Zoning Department. Your variance application will be brought before the Board of Zoning Appeals for a public hearing. The Board of Zoning Appeals may grant the variance.
The Board of Zoning Appeals and the Planning Commission are two separate entities with different duties.
The Board of Zoning Appeals has the following powers and duties:
- Hear and decide appeals of a decision or determination made by the zoning inspector or other decision maker in the interpretation of the Zoning Code.
- Hear and authorize variances.
- Make a determination of boundary lines between zoning districts on the official Zoning Map when the street or the lot layout differs from the map.
- Grant an extension to a zoning permit to begin construction, complete construction, or both if there is just cause.
This differs from the Planning Commission, which is tasked with the following:
- Initiate and review amendments to the Zoning Code and Zoning Map and make recommendations to Council.
- Approve or disapprove conditional use applications.
- Approve or disapprove matters related to nonconforming uses.
- Approve or disapprove preliminary plats for major subdivisions.
- Approve or disapprove major site plan applications. The Commission may also refer major site plan applications to Council for final approval.
- Act in the capacity of the local planning agency and review comprehensive plans and other planning documents as requested by Council.
With this in mind, the Village of Archbold Council has the ultimate authority to pass or approve the recommendations and decisions of the aforementioned bodies.
Permitting
Accessory structures can only be located in the rear yard. Accessory structures 625 square feet or less must be at least 6 feet from the side and rear lot lines and cannot be taller than 20 feet. Accessory structures over 625 square feet must meet the zoning requirements for a principal structure.
Accessory structures cannot exceed a total of 30% lot coverage of the rear yard and no more than 3 accessory buildings or structures are permitted on a property.