A Variance is a permit that enables the property owner to make use of their property in a way that conflicts with the literal interpretation of the ordinance. More specifically, a Variance grants relief from the Unified Development Ordinance. A typical Variance request involves setback requirements. Use Variances are not permitted pursuant to state law.
PROCESS AND PROCEDURE
1. Obtain Variance Packet and discuss with Planning Staff. The packet will include: Application submission requirements, Board of Adjustment deadlines and meeting dates.
2. Applicant is to fill out the application, be sure to provide as much information as possible. Applications require site plans. Site Plans should show the following:
- Structure: Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.
- Lot dimensions. Site plans prepared by a surveyor may be required.
3. The applicant will need to bring the application back to the Planning Department prior to the deadline along with a $500.00 fee.
- Note: The fee must be paid with the submittal of the application.
4. Planning Staff will prepare a staff report to be sent to Board of Adjustment members.
- Note: The report will contain a copy of the signed petition, a map prepared by the planning department, pictures of the property, site map prepared by the applicant, and other information that the applicant provides to support their request.
5. Planning Staff will send a letter to all adjacent property owners informing them of the Public Hearing.
6. Planning Staff will post the applicant’s property with a Public Hearing Sign two weeks prior to the meeting date.
7. The meeting will be held on the assigned date.
- Note: Board of Adjustment meets on the 4th Monday of each month.
- Note: The property owner is required to be in attendance to answer any questions and provide all information necessary as requested by the Board.
- Note: In order for a Variance to be granted, four (4) out of five (5) members must vote in favor of the Variance request.