Variances

Board of Adjustment Variances
The Board of Adjustment, upon application and after public hearing may grant a variance from the terms of the Zoning Ordinance as follows:
  • A variance shall only be granted if it is determined it shall not cause substantial detriment to the public good or impair the spirit, purposes, and intent of the Zoning Ordinance or the Comprehensive Plan
  • The Board shall not vary any jurisdictional requirement, such as notice 
  • In the incorporated area, the board shall not permit by variance a principal use not otherwise permitted in the applicable Zoning District
  • Variances shall be considered when by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance peculiar to a particular property, the literal enforcement of the Zoning Ordinance will result in unnecessary hardship
Rules & Guidelines
No nonconforming use of neighboring lands, structures or buildings in the same Zoning District and no permitted or nonconforming use of land, structures, or building in other Districts shall be considered grounds for the issuance of a variance.

A variance that has not been utilized within 1 year from the date it was approved by the board will thereafter be void, unless the board has extended the time for utilization. Utilization means actual use or issuance of a Building Permit, when applicable, provided construction is diligently carried to completion.

Variance Requests
A request for a variance must be made by filing an application with the Building Inspector. The applicant must submit with the application a list certified by a Licensed Bonded Abstracter of the names and addresses of all property owners of record within 300 feet of the affected property, as well as the legal descriptions of each property. The request will then be set for public hearing.

Public Hearings
The board shall hold the public hearing. The concurring vote of three members is necessary to grant a variance. The board, in granting a variance, shall prescribe appropriate conditions and safeguards and may require such evidence and guarantee or bond as it may deem necessary to enforce the compliance with the conditions of approval.