There are three different types of variances:

To permit a use not permitted in the applicable zoning district (unless that variance is required by state or federal law based on the special rights of the occupant).

To increase the allowable residential density in any zoning district.

To vary a Code standard that has already been modified by a planned development approval, except that zone standards applicable to a planned development may be varied through the residential infill design review process.

To modify review and approval procedures.

To a setback required under LOC § 50.05.010, Sensitive Lands Overlay Districts. This provision does not prevent modification of protected riparian areas or setbacks as permitted in that section.

To a setback required under LOC § 50.04.002, Special Street Setbacks.

To vary a standard under LOC § 50.05.011, Flood Management Area, except per LOC § 50.05.011.8, Flood Management Area Variance.

To vary the maximum allowed surface parking spaces provided on a site under LOC § 50.06.002.2.a.ii, Parking Spaces.

A variance for a single-family dwelling, middle housing dwelling, or an associated accessory structure that does not comply with LOC § 50.03.004.2.b, Reduction of Side or Rear Yard Setbacks for Accessory Structures, provided:

A variance from yard setbacks for a structure other than a single-family dwelling, middle housing dwelling, or associated accessory structures up to:

A variance from minimum lot width of five ft. or less.

A variance to the maximum floor area for single-family homes or middle housing dwellings of up to 15%; provided, that the lot in question has at least the following minimum lot area:

A variance to standards in LOC § 50.06.004.2 for a fence, wall, retaining wall, or a combination thereof.

A variance to the maximum grade of a driveway or access lane.

A variance for construction of a dormer that does not exceed the height of the roof ridge in which the dormer is being constructed in an existing single-family or middle housing dwelling that is nonconforming relative to lot coverage or setbacks.

A variance to distance of driveway from intersections (LOC § 50.06.003.2.b).

A variance to street frontage at the time of creation of subdivision lots (LOC § 50.06.003.1.c).

A variance to driveway and access lane width for flag lots (LOC § 50.07.007.2.c).

A variance to yard requirements for extension of existing nonconforming walls, provided:

A variance to dimensional requirements that is necessary due to prior errors in land surveying. Prior errors in land surveying are errors that were made before the applicant acquired the property or gained control of the property.

A variance to a determination of the front yard (LOC § 50.07.007.2.d) and orientation of the front of the house for flag lots (LOC § 50.07.007.2.e.i(1)).

A variance to the limitation on maximum height of roof-mounted solar energy system in LOC § 50.04.003.4.b.ii.

A variance to a standard of this Code required to comply with state or federal law based on the rights of the occupant, where the application identifies the state or federal law granting the right.

A variance to one or more of the following standards established by the Lake Grove Village Center Overlay District (LGVCO) or a base zone district underlying the LGVCO by up to 20% or four feet, whichever is less:

A variance to the accessory dwelling unit standards of LOC § 50.03.004.1.b.vi(1)(d) and (e).

A variance to the setbacks for generators listed in LOC § 50.03.004.a.iv and required front setback of the zone.

Except as provided in subsection 3.b of this section, the reviewing authority may grant a minor variance from the requirements of this Code if the following criteria are met:

If the applicant asserts that a variance is necessary to comply with a state or federal law based on the rights of the occupant, and the reviewing authority determines that the request may be related to a state or federal legal right, the reviewing authority may grant a minor variance from the requirements of this Code if:

If a minor variance pursuant to LOC § 50.08.002.2.o (a variance based on a specific state or federal legal right of the occupant) is approved, notice of the conditions or events that will terminate the variance shall be recorded in the county deed records as follows:

For exterior modifications of a single-family or middle housing dwelling in the R-DD zone built before 1960, minimum setbacks may be reduced between two ft. and five ft. if the modification maintains at least 50% of the exterior walls (measured by sq. ft.) and does not increase height by more than 100%. Minimum setback adjustments of two ft. or less are exceptions to the R-DD district standards pursuant to LOC § 50.04.003.3.c.

A variance from any standard of this Code, unless prohibited by LOC § 50.08.001.2.

A variance from the FMU zone standards except height and floor area ratio standards (LOC § 50.11.007, Appendix G).

A variance from any standard of this Code that cannot be approved through a minor variance pursuant to LOC § 50.08.002.2.p, but not including variances to:

Except for properties located in the R-DD zone or a design district, variances from any of the following standards for residential dwellings and accessory structures where those standards prevent development that is otherwise compatible with the character of the neighborhood and surrounding residential development:

The applicant demonstrates that:

The applicant demonstrates that the proposed variance will:

If the subject property is located in the R-DD zone or the Foothills Mixed Use District, the applicant demonstrates that:

At least one of the criteria in subsections 4.a.i through v of this section:

And the variance:

The variance will not adversely affect existing physical and natural systems such as traffic, access, circulation, connectivity, drainage, designated Sensitive Lands, historic resources, or parks, and the potential for abutting properties to use solar energy devices any more than would occur if the development fully met the LGVCO standards; and

The applicant shall present an analysis of alternative designs in relation to variances from LGVCO standards requested to demonstrate that the application avoids the need for variances to the degree practicable; and

The proposed design achieves the listed policies of the Lake Grove Village Center Plan better than would result if the LGVCO standards were fully met after considering each of the following goals and policies, as applicable:

For variances to setbacks or site perimeter landscaping and buffering standards, the applicant shall demonstrate that:

A variance to the following standards may be approved when a more compatible, positive relationship between the size of a proposed residential dwelling or accessory structure and the scale and character of a neighborhood can be demonstrated in other ways:

That relationship shall be evaluated by considering the degree to which a proposed design offers features that diminish the perceived scale and improve the perceived character of greater size. That review will include consideration of:

A variance to the following standards may be approved when a more compatible, positive relationship between a proposed design and the scale and character of the street can be demonstrated in other ways:

That relationship will be evaluated by considering the degree to which a proposed design offers features that enhance the perceived scale and character of the street from a pedestrian’s perspective. While the scale and character will vary from neighborhood to neighborhood and from street to street, a positive contribution is typically one that enhances the safety and experience of a pedestrian using the street. That review will include consideration of:

A variance to the following standards may be approved when a more compatible, positive relationship between a residential dwelling or accessory structure and the scale, character and privacy of its neighbors can be demonstrated in other ways:

That relationship will be evaluated by considering the degree to which a proposed design offers features that enhance perceived scale, character and privacy relative to adjoining properties. While the scale, character and privacy of one building relative to another will vary from street to street, and from lot to lot, a positive contribution is typically one that adjusts the location and perceived scale, character and views from or to a new residential dwelling or accessory structure to avoid visual conflict with neighbors. That review will include consideration of:

The reviewing authority may grant a major variance from the requirements of this Code if: