Zoning Variance

Why is a Variance Required?

Variances are required when City staff determine, upon review of a building permit application or plans that the proposed project does not conform to certain standards and/or requirements in the City’s Zoning Ordinance. The purpose of Zoning Ordinance is to improve and protect the public health, safety and welfare of Warrenville residents. As the ordinance relates to variances, it seeks to:

  • protect all areas of the City from harmful encroachment by incompatible uses.
  • establish adequate standards for the provision of light, air and open spaces.
  • prevent overcrowding of land and undue concentration of population, preventing development of blight and deterioration.
  • lessen congestion in the public streets.
  • provide adequate drainage, control of erosion, reduction of flood damage and destruction of sensitive or valuable environmental resource.

When can a variance be granted?

The literal application of the provisions of the Zoning Ordinance may, in certain instances, create hardships or practical difficulties. The Zoning Board of Appeals (ZBA) may recommend and the City Council may grant variances from the provisions of the Zoning Ordinance. In recommending or granting approval or conditional approval of a variance, the ZBA and City Council weigh the petition against certain criteria.

What do I do if I need a variance?

The City recognizes "Major" and "Minor" variances. A member of the Community Development department staff can assist in determining a major or minor variance

A MAJOR VARIANCE:

  1. File an Application: Complete an application form and file it with the Community Development Department.
  2. Cost: $480 Administrative Fee and $600 Deposit (totaling $1,080)The Deposit money is used by the City for payment of the costs of the publication of the legal notice in the newspaper, the services of a Court Reporter at the hearing and the transcript of the hearing proceedings. Any balance remaining after these costs have been recovered will be returned to the applicant.
  3. Applications & accompanying submittals reviewed by the City of Warrenville: If the application is in compliance, a public hearing date before the Zoning Board of Appeals is set. The ZBA meets twice monthly.
  4. Hearing Notice drafted: The City drafts a public hearing notice listing the date, time, location and purpose of the hearing.
  5. Applicant mails notice to adjacent property owner: Applicants are given a copy of the hearing notice and must mail a copy of it to adjacent property owners by certified/return receipt requested mail. There are statutory requirements that must be filled as to who must receive the hearing notice. A list of property owners can be obtained from the Township office.
  6. Sign Display: A sign must be posted in the front yard of the property, stating the type of variance requested, the date, time and location of the public hearing
  7. The Public Hearing: A formal public hearing is held before the Zoning Board of Appeals (ZBA). The ZBA is composed of citizens who serve as appointed volunteers and is a recommending body. Once the request is presented, the ZBA may close the hearing, deliberate and make recommendation to the City Council or choose to deliberate at a future meeting or continue the public hearing to another date to acquire further information.
  8. Recommendation to City Council: The ZBA sends its recommendation the Council, either to approve or deny a request. The Council has final authority to grant or deny the request.
  9. Council Action: Should the Council approve the request, it directs staff to draft an ordinance. The ordinance comes back to Council for "reading" prior to final approval.
  10. Issuance of Permit: Once the ordinance has been approved, the City’s Building Department can issue a permit for the project.
  11. Timeline: If all requirements are met, the process generally takes approximately three months.

A MINOR VARIANCE: A modification of the provisions of the Zoning Ordinance of 10% or less.

  1. File an Application: Complete an application form and file it with the Community Development Department.
  2. Cost: $480 Administrative Fee and a $600 Deposit (totaling $1,080).
  3. Applications & accompanying submittals reviewed by the City of Warrenville: If the application is in compliance, a public hearing date before the Zoning Board of Appeals is set. The ZBA meets twice monthly.
  4. Hearing Notice drafted: The City drafts a public hearing notice listing the date, time, location and purpose of the hearing.
  5. Applicant mails notice to adjacent property owner: Applicants are given a copy of the hearing notice and must mail it to adjacent property owners by certified/return receipt requested mail. There are statutory requirements that must be filled as to who must receive the hearing notice. A list of property owners can be obtained from the Township office.
  6. Sign Display: A sign must be posted in the front yard on the property stating the type of variance requested, the date, time and location of the public hearing.
  7. The Public Hearing: A public hearing is held before the Zoning Board of Appeals (ZBA). The ZBA is composed of citizens who serve as appointed volunteers. Once the request is presented, the ZBA may close the hearing, deliberate and approve or deny the request or the hearing may be continued to a future date.
  8. Issuance of Permit: If the ZBA has approved the request for a minor variance, the City’s Building Department can issue a permit.
  9. Timeline: If all requirements are met, the process generally will take approximately one and half months.