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Variances Print E-mail
The five member Board of Zoning Appeals rules on cases involving:
  • Variances of Development Standards
  • Appeal Administrator's Decision
  • Variances of Use

    • Variance petitioners are prohibited from contacting BZA members prior to the hearing. Petitioners or their agents must be present for the hearing and present their case.

    • Chapter 154.13.103 defines a Variance as “A modification of the requirements of this Ordinance, not contrary to the public interest, granted by the Board in specific cases when warranted, in order to alleviate unnecessary and undue hardship which may otherwise ensue through strict application of the provisions of this Ordinance owing to exceptional narrowness, shallowness or shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of existing uses or structures on adjoining lots - and so that the spirit of this Ordinance shall be observed and substantial justice done. (Ord. 74-1984) (Ord. 57-1997)

    • Variances are not granted based on economic hardship.
      The Board of Zoning Appeals meets the second Thursday of every month for public hearings of petitions for variances. Applications must be filed by the 18th of the preceding month. (By Friday if the 18th falls over the weekend.)

    • A filing fee of $50.00 is charged for each petition. Petitioners or their agents must be present for the hearing and present their case.

      Variance of Use

      Variance of Use Petition

 

 

  • Petitioners must explain, in their own words, why:

    (a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
     
    (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
     
    (c) The need for the variance arises from some condition peculiar to the property involved;
     
    (d) The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and,
     
    (e) The approval does not interfere substantially with the Comprehensive Plan.
    Petitioners or their agents must be present for the hearing and present their case.
     

    Variance of Development Standards

    Variance of Development Standards petition

    Petitioners must explain, in their own words, that:

    (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community; and,
     
    (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and,
     
    (c) The strict application of the terms of the Zoning Ordinance will result in unnecessary hardship in the use of the property.
     
    In making its determination as to whether there is unnecessary hardship, the Advisory Board of Zoning Appeals shall take into consideration the extent to which the following conditions have been established by the evidence:
     
    (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district and which do not result from the actions of the owner.
     
    (2) That granting the variance requested will not confer on the owner any special privilege that is denied by this Ordinance to other lands, structures, or building in the same zoning district.
     

     

     

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    Last Updated ( Monday, 03 December 2007 )
     
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