Variance & Appeal Process

Introduction

A variance is a relaxation of a standard in a land use ordinance. Variances are decided by the Zoning Board of Adjustment/Appeals.  The Board is a quasi-judicial body because it functions almost like a court.  It’s job is not to compromise ordinance provisions for a property owner's convenience but to apply legal criteria provided in state laws, court decisions and the local ordinance to a specific fact situation.  Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. 

Variance Process

At the time of application you will be asked to:

1. Complete an application form and submit a $300 fee;
2. Provide detailed plans describing your lot and project (location, dimensions and materials);
3. Provide a written statement of verifiable facts showing that your project meets the legal criteria for a variance (Three Step Test in Part 2); and
4. Stake out lot corners or lines, the proposed building footprint and all other features of your property related to your request so that the zoning board may inspect the site.

Following these steps, the Zoning Administrator will publish notice of your request for a variance in the county's official newspaper noting the location and time of the required public hearing before the Board of Appeals.  The burden will be on you as property owner to provide information upon which the Board may base its decision.  At the hearing, any party may appear in person or may be represented by an agent or attorney.  You or your agent must convince the Board to make a ruling in your favor.  The Board must make its decision based only on the evidence submitted to it at the time of hearing.  Unless you or your agent is present, the board may not have sufficient evidence to rule in your favor and must then deny your application. 

Appeal Process