Zoning Variance Applications & Waivers
Local Zoning Variance
Local zoning laws require that a property matches the classification for a certain area, known as a zone. A local zoning variance is an exception to those laws that’s granted on a case-by-case basis by the City of Tucker.
The Planning and Zoning Director is authorized to consider and grant or deny an administrative variance or an administrative waiver to the regulations listed in Section 46-1667 of the City of Tucker Zoning Ordinance. If you wish to seek an administrative variance or administrative waiver to any of the local zoning regulations, you may submit a properly completed application at any time to the City of Tucker. Written decisions are issued no more than 30 days from the date a complete application is filed. Please note that incomplete applications will not be accepted.
Complete and Submit the application form
Provide one copy of the original and notarized signatures of the property owner(s) and applicant(s), or a notarized statement from the property owner authorizing submittal of the variance by the applicant on their behalf.
Fees
Variance Fee— $300.00
Public Notice Sign Fee – $80.00 per sign
Site Plan & Legal Description
Provide three copies of a dimensioned, orientated and scaled site plan on 8 ½ ” x 11” or 11” x 17” showing the subject property, street frontage(s), proposed addition or extent of encroachment, all applicable setback measurements, all neighboring parcels and homes. Additionally, a variance pertaining to the stream buffer shall show the location of the stream, with buffers, on the site plan.
Survey with Topography & Trees
May be waived by the Planning and Zoning Department if the request does not concern the removal of trees or the topography of the site. If this requirement is not waived, the applicant shall provide three copies.
Letter of Appeal
Provide three copies of the letter of appeal. The letter should state the hardship, background and justification for the variance request and any additional information to support the request. The hardship should address the property’s limitations preventing compliance with the zoning standards. Variance criteria may be found in Sec. 46-1633 or Sec. 46-1634 of the Zoning Ordinance, Sec. 22-53. of Chapter 22 of the City Code, and Section Sec. 34-78 of Chapter 34 of the City Code.
Pictures
Provide photos of the site and/or what is being proposed for the requested variance
Sign Variance
If the requested variance is pertinent to signage, provide three copies of sign and wall elevations and other details shall be required, as appropriate. Please note that no variance shall be granted to the height of a sign or the aggregate area of signs permitted on a lot.
Stream Buffer Variance
If the requested variance is pertinent to the stream buffer. In addition to the above referenced materials, provide answers to these three questions: 1) Documentation of unusual hardship should the buffer be maintained; At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible; 2) A calculation of the total area and length of the proposed intrusion; A stormwater management site plan, if applicable; and, 3) Proposed mitigation, if any, to offset intrusion/encroachment into the stream buffer. The proposed mitigation can be completed after the initial application is submitted.
Complete and Submit the application form
Provide one copy of the original and notarized signatures of the property owner(s) and applicant(s), or a notarized statement from the property owner authorizing submittal of the variance by the applicant on their behalf.
Fees
Administrative Variance / Waiver $150
Public Notice Sign Fee $80 per sign
Site Plan & Legal Description
—Provide one copy of a dimensioned, orientated and scaled site plan on 11” x 17” showing the subject property, street frontage(s), proposed addition or extent of encroachment, all applicable setback measurements, all neighboring parcels and homes.
Survey with Topography & Trees
Letter of Appeal
—The letter shall state the specific regulation from which exception is sought, the reasons the exception is needed, and sufficient justification for why the variance/waiver shall be granted. Please use the applicable criteria from Section 46-1633, Section 46-1634, or Section 46-1669.B when analyzing why the variance/waiver shall be granted.
Pictures
Provide photos of the site and/or what is being proposed for the requested administrative
variance/waiver, if applicable.
Public Notice Sign Requirements
A sign shall be posted on the subject property within 10 calendar days of the Planning and Zoning Director making a decision. This sign will state the decision of the Planning and Zoning Director and the deadline for taking an appeal of the decision to the Zoning Board of Appeals. The applicant is required to coordinate posting the sign(s) and submit an $80 sign fee per sign.