variances Variance requests are handled through the Zoning Board of Appeals (ZBA). The application and instructions can be found HERE.
Community Development Staff recommends a pre-application meeting before beginning the variance request process. Please contact a staff member to set this up.
In order for a variance request to be successful, the applicant must prove a practical difficulty. The ZBA may find in favor of the applicant's request if the following conditions exist:
- That there are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in thee same zoning district. Exceptional or extraordinary circumstances or conditions may include, but shall not be limited to the following:
- Exceptional narrowness in width, breadth, length, or shape of a specific piece of property on the effective date of this Ordinance.
- Exceptional topographic conditions, or other extraordinary situation or condition of the land, building, or structure;
- The use of or development of property immediately adjoining the property in question, such that the literal enforcement of the requirements of this Ordinance would involve practical difficulties.
That the variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility that compliance with this Ordinance may prove to be more expensive, or the possibility of increased financial return if a variance is granted shall not, of itself be deemed sufficient to warrant a variance.
The variance will not be detrimental to adjacent property and the surrounding neighborhood.
The variance will not materially impair the intent and purpose of this ordinance.
That the immediate practical difficulty causing the need for the variance request was not created by the applicant.