"A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship."

Variances are useful tools in historic districts where the present day zoning is usually stricter than the zoning that existed at the time of initial construction. Without the flexibility of the variance, efforts to adapt structures for new uses and contemporary living spaces would be severely handicapped.

THE VARIANCE PROCESS

A property owner considering a request for a variance is urged to consult with staff before beginning the process.

An owner is first asked to fill out a variance application, with a processing fee of $200.00. The request for a variance requires a public hearing. Notice of the public hearing is mailed to property owners within a 500' radius of the subject property. Staff prepares the notice and does the mailing but the owner must secure the radius map and mailing labels from the Palm Beach County Property Appraiser's Office. The variance request process takes from six to eight weeks.

A typical variance application would include a recent legal survey, drawings (to scale) of all proposed changes, photographs of all elevations and a written statement to HPB demonstrating how the proposed variance relates to the appropriateness requirement of Section 4.5.1(J) of the Land Development Regulations and of the Historic Preservation Ordinance.