Applying for a Zoning Variance in Fayetteville
To apply for a variance in the City of Fayetteville, an applicant must submit a written request to the specific administrator designated for that regulation, such as the Zoning and Development Administrator for zoning or signage issues. The request must demonstrate that strict enforcement of the Unified Development Code (UDC) would cause an undue hardship unique to the property and that the variance remains consistent with the spirit and intent of the City of Fayetteville’s regulations [Section 156.01, Section 156.02].
Variance Administration and Deciding Bodies
The process begins with submitting a written application to the designated official. The City of Fayetteville classifies variances based on the specific chapter of the Unified Development Code they intend to modify.
| Variance Category | Designated Administrator | Deciding Body |
|---|---|---|
| Zoning Regulations | Zoning and Development Administrator | Board of Adjustment |
| Development, Parking, and Loading | Zoning and Development Administrator | Planning Commission |
| Sign Regulations | Zoning and Development Administrator | Zoning and Development Administrator |
| Airport Zone Height Limits | Building Safety Director | Board of Adjustment |
| Landscape Regulations | Urban Forester | Planning Commission |
| Physical Alteration of Land | City Engineer | Planning Commission / City Engineer |
| Stormwater and Erosion Control | City Engineer | City Engineer |
[Section 152.01, Section 156.02, Section 156.03, Section 156.07]
General Application Requirements
All applications for variances must be submitted in writing to the person responsible for the administration of the referenced section [Section 156.01]. The City of Fayetteville requires that the applicant provide evidence of "undue hardship" which is defined as a situation unique to the specific property that makes reasonable use of the land or structure nearly impossible under strict code enforcement [Section 156.03].
Zoning Variances
For variances related to the City of Fayetteville zoning districts, the Board of Adjustment must make the following findings before approval:
- Hardship: Strict enforcement would cause undue hardship due to circumstances unique to the individual property.
- Intent: The variance is in keeping with the spirit and intent of the zoning ordinance.
- Minimum Necessary: The board may only grant the minimum variance necessary to allow reasonable use of the land [Section 156.02].
Development, Parking, and Loading Variances
The Planning Commission hears these requests. They may grant a variance on a temporary or permanent basis, provided that the variation does not nullify the intent and purpose of the City of Fayetteville development regulations. Notably, a variance cannot be granted for any property that lacks access to an improved street [Section 156.03].
Specific Variance Standards
Different types of variances have unique technical limits or requirements that must be met during the application process.
| Regulation Type | Technical Standard / Limit |
|---|---|
| Sign Variances | Cannot exceed 15% of the Code requirement [Section 156.05]. |
| Old Main/Dickson St Height | Applicants must prove the structure will not impair the historic beauty of Old Main or churches on Dickson Street [Section 156.02]. |
| Downtown Parking Fees | Applicants may pay an in-lieu fee of $1,200.00 per on-site parking space to satisfy requirements [Section 156.03]. |
| Airport Zone | Requires a determination from the Federal Aviation Administration (FAA) [Section 156.06]. |
| Landscape Vigor | Decision based on "Minimum Variance" needed to justify the request [Section 156.07]. |
Public Notification and Hearing Process
Once a variance application is submitted for a zoning matter, the City of Fayetteville requires a public hearing [Section 157.07].
- Who Receives Notice: Notice of the proposed variance must be given to all landowners and residents with addresses within 200 feet of the boundary line of the property for which the variance is requested.
- Methods of Notice: Notice must be provided via written notice mailed at least 15 days prior to the hearing and a "Posted Notice" sign placed on the property at least 15 days prior to the hearing.
- Airport Zone Publication: For variances in the Airport Zone, the city must publish the request in a local newspaper of general circulation at least 15 days prior to the public hearing [Section 157.07].
Appeals of Variance Decisions
If a variance is denied, or if an aggrieved party wishes to challenge a granted variance, the decision may be appealed. Appeals of decisions made by the Zoning and Development Administrator regarding development matters are typically heard by the Planning Commission [Section 155.06]. Final actions taken by the City Council, Planning Commission, or Board of Adjustment are taken to the Circuit Court of Washington County [Section 155.01].
Sections Cited
- Section 152.01 Administrators Designated
- Section 155.01 Circuit Court
- Section 155.06 Appeals From Staff Interpretations And Actions
- Section 156.01 General Requirements
- Section 156.02 Zoning Regulations
- Section 156.03 Development, Parking And Loading
- Section 156.05 Sign Regulations
- Section 156.06 Airport Zone
- Section 156.07 Landscape Regulations
- Section 157.07 Board Of Adjustment