Variances

The Board of Zoning Appeals shall have the power to authorize, upon appeal, in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special condition, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. All variance applications must demonstrate the following points:

a. 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 district;

b. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance;

c. that the special conditions and circumstances do not result from the actions of the applicant; and

d. that granting the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same zone. No nonconforming use of neighboring lands, structures or buildings in the same zone, and no permitted use of lands, structures or buildings in other zones shall be considered grounds for the issuance of a variance.

All applications for a variance are subject to a public hearing and properties must be posted for no less than thirty (30) days.

Deadlines for Application for a Variance

Application for a Variance