| | How to Apply For Variances (Sign, Zoning, Or Special Exception)
Step 1
If building construction, land subdivision, a sign, or a fence is proposed that does not comply with a provision of the applicable ordinance, the owner may apply for a variance. However, variances may not be considered to allow a land use that is otherwise not permitted in a zoning district. Special exceptions are a form of relief that is available for specified circumstances listed in the zoning ordinance. Application forms may be obtained from the Development Services Assistant, City Planner, or Planning Technician. If necessary, the City Planner can assist the applicant in completing the application form.
Step 2
Completed applications for a variance or special exception must be accompanied by a metes and bounds legal description of the subject property if it is not platted, site plan, and payment of the application fee. If the property is platted, the description is written in the space provided on the application form. In the case of a variance, the criteria for approval are listed on the application form, and the applicant is expected to provide a written supplement explaining how the requested variance complies with those conditions. The application fee is nonrefundable, and the amount is based upon the size of the property. In cases where the applicant is not the owner of the property, a letter must be provided from the owner authorizing the applicant to act on their behalf. The requested variance or special exception is scheduled for consideration at the next Zoning Board of Adjustment meeting that is at least three weeks from the date of application. The three-week deadline is necessary to meet the minimum public notice requirements, which include publication in the local newspaper and letters sent to owners of property within 200 feet of the proposed zoning change.
Step 3
The applicant/owner will receive the same written public hearing notice that is mailed to surrounding property owners. A map showing the location of the property in relation to surrounding streets and zoning boundaries is printed on the back of the notice.
Step 4
A few days before the Zoning Board of Adjustment public hearing, the applicant/owner will receive a copy of the meeting agenda and a copy of the staff report. The staff report summarizes the background information pertaining to the request, and generally contains a recommendation from the City Planner.
Step 5
The applicant, owner, or other representative of the property should attend the Zoning Board of Adjustment meeting to explain their request and answer any questions the commissioners may have. After hearing from all persons who wish to speak either in favor of or in opposition to the proposed variance or special exception, and after receiving the staff’s recommendation, the Board votes to approve or deny the variance or special exception. In the case of approval, the Board may attach reasonable conditions, and any pending permits may then be issued.
Step 6
Any person who disagrees with the Board’s decision may, within ten days after the date of the decision, file a petition in a court of record stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the illegality.
Related Links:
| |
|
