Variance Procedures

Variances are granted on the basis of hardship, i.e., hills, slopes, easements, large trees, existing construction, etc., not inconvenience. The variance, if granted, will be the minimum variance possible for the proposed structure. The procedure of applying for a variance is as follows:

• The homeowner and/or contractor must meet with the Codes Officer to discuss the scope of work and if there are any viable options of changing the new construction to stay within codes.
• For the application, the following items must be turned in at, or before, the application deadline:
  • 7 packets containing the following:
    • 11x17 site plan drawn to scale, with all existing and proposed structures and drives
    • 11x17 construction prints showing elevation drawings and floor plans, drawn to scale
    • letter from the applicant/homeowner describing the proposed construction and an explanation as to why the proposed construction must be in violation of the City ordinances
  • 1 digital version of the complete submission emailed to code.officer@oakhilltn.us.
  • Optional: An applicant/homeowner may collect letters from surrounding neighbors supporting the variance request
  • $250 fee for the application to cover in-house costs and notifications sent to surrounding property owners
  • The applicant/homeowner must come into the City office to fill out the application form with a staff member. See the Oak Hill calendar for meeting dates.
• A representative and/or the homeowner must attend the Board of Zoning Appeals meeting at City Hall to discuss the request. If there is no one to discuss the variance request, it will be tabled until the following month.
• If the request is granted, a building permit can be issued the following day to the applicant/homeowner with the pertinent information. If the request is denied, the applicant has ten days from the final action of the Board to appeal the decision before the Board of Zoning Appeals, but only with new information to support the request or a change in the proposed construction.

Updating or Requesting a Conditional Use Permit

The applicant must set up a meeting with the City Manager and/or City staff to discuss the proposed construction to see if an update is needed or a new Conditional Use Permit is possible. The City of Oak Hill is zoned strictly residential — single-family dwellings — with churches and schools only working on Conditional Use Permits. There are no businesses or non-profit agencies within the City of Oak Hill. Churches and schools must have a minimum of 6.42 acres, or 280,000 sq ft, plus additional acreage depending on the grade levels given at the school.

If an update or new Conditional Use Permit is required, the Board of Zoning Appeals will approve the conceptual viewpoints of the project, and the Planning Commission will look at the technical viewpoints. The information needed before the Board of Zoning Appeals would be the same as required of a residential variance as stated above and should include lighting and traffic studies, drainage calculations, and impervious land coverage percentages. The fee for churches and schools to come before the Board of Zoning Appeals is $1,000 if there is no additional impervious surface proposed or $4,000 if the impervious surface is proposed to be added on the property.