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Montgomery County Maryland
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DPS/Zoning - Residential Variance

WHEN IS A RESIDENTIAL VARIANCE NECESSARY?

A variance is required when a proposed single-family dwelling or extension to a single-family dwelling (including accessing buildings/structures) does not conform to the development standards for the zone in which the subject property is located. This is determined at the time of permit application for alterations to existing dwellings (walk-through permit process) or during the course of site plan review for a new single-family dwelling.

WHAT IS THE VARIANCE PROCESS?

A completed building permit application is submitted to zoning staff for site plan review. If staff determines that the proposed construction does not meet applicable development standards referenced in the Zoning Ordinance, the applicant is informed that a variance will be necessary before further permit processing. The applicant is provided with a denial notice and directed to apply for a variance heard by the County Board of Appeals.

WHAT WILL THE COST BE?

The total permit denial fee is $62.70. The total fee includes a denial fee of $57.00 and a 10% Automation Enhancement Fee of $5.70. The Board of Appeals will charge a separate filing fee for hearing a variance application.

WHAT IS THE FINAL STEP IN PERMIT PROCESSING?

After variance approval by the Board of Appeals the applicant follows the procedure for obtaining a residential permit. The following material will be needed:

  • A copy of the decision rendered by the Board of Appeals.

  • A site plan drawn to scale, showing existing and proposed construction on the lot.

Last edited: 3/13/2008