Accessory Structure Variance Clause Samples
An Accessory Structure Variance clause allows property owners to request exceptions to zoning or land use regulations specifically for accessory structures, such as sheds, garages, or guest houses. This clause outlines the process for applying for a variance, typically requiring the owner to demonstrate unique circumstances or hardships that justify deviating from standard rules, such as setback requirements or maximum size limits. Its core function is to provide flexibility in property development while maintaining overall community standards, addressing situations where strict adherence to regulations would cause unnecessary difficulty or limit reasonable use of the property.
Accessory Structure Variance. The Corporate Authorities hereby grant a Variance to allow the portion of the 3,500 square foot accessory structure located outside the corporate limits, in excess of the 1,000 square feet permitted by the Zoning Ordinance, as illustrated in Exhibit B. This additional size will permit the Owners to maintain the accessory structure, which was constructed prior to any of the Owners’ land incorporating into the City of Urbana. Until the Major Variance is approved, the accessory structure shall be considered legally non-conforming. The Corporate Authorities further agree that the granting of this variance is consistent with the established criteria identified in Section XI-3 of the Urbana Zoning Ordinance, in that the variance:
a. will not serve as a special privilege because the variance requested is due to special conditions and circumstances relating to the land or structure involved or to be used for occupancy thereof which is not generally applicable to other lands or structures in the same district;
b. was not the result of a situation or condition having been knowingly or deliberately created by the Owner or Developer;
c. will not alter the essential character of the neighborhood;
d. will not cause a nuisance to adjacent property;
e. represents, generally, the minimum deviation from requirements of the Zoning Ordinance necessary to accommodate the request.
f. is the result of practical difficulties or particular hardship in the way of carrying out the strict letter of the Zoning Ordinance relating to the use, construction, or alteration of buildings or structures or the use of land.
Accessory Structure Variance. The Owners agree to submit an application for a Major Variance to permit an increase in the maximum size of an accessory structure up to 3,500 square feet per the Urbana Zoning Ordinance within 90 days of the approval of this Agreement. The Major Variance application shall pertain to the portion of the accessory structure located within the corporate limits (see Exhibit C).