What is a Variance?

A zoning variance is a waiver of the requirements of the zoning code. For the most part, if someone wants to build something, they need to do it according to Metro building and zoning code. Sometimes, however, it is hard to build something according to the code when your property has unusual features, like creeks, streams, cliffs...well, you get the idea.

To accomodate the fact that most zoning codes are written for the average property and need a little flexibility when dealing with the unusual, the State of Tennessee has authorized our Board of Zoning Appeals to grant waivers to the zoning code under certain circumstances. In granting a variance, the BZA must make an affirmative finding that the following conditions are met:

A. Physical Characteristics of the Property. The exceptional narrowness, shallowness or shape of a specific piece of property, exceptional topographic condition, or other extraordinary and exceptional condition of such property would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon the owner of such property upon the strict application of any regulation enacted by the ordinance codified in this title.

B. Unique Characteristics. The specific conditions cited are unique to the subject property and generally not prevalent to other properties in the general area.

C. Hardship Not Self-Imposed. The alleged difficulty or hardship has not been created by the previous actions of any person having an interest in the property after the effective date of the ordinance codified in this title.

D. Financial Gain Not Only Basis. Financial gain is not the sole basis for granting the variance.

E. No Injury to Neighboring Property. The granting of the variance will not be injurious to other property or improvements in the area, impair an adequate supply of light and air to adjacent property, or substantially diminish or impair property values within the area.

F. No Harm to Public Welfare. The granting of the variance will not be detrimental to the public welfare and will not substantially impair the intent and purpose of this zoning code.

G. Integrity of Master Development Plan. The granting of the variance will not compromise the design integrity or functional operation of activities or facilities within an approved planned unit development.

So, if the applicant cannot establish that these conditions are met, then the BZA cannot grant a variance.