Board of Adjustment

The PSD provides the professional resources for Board of Adjustment actions. The Board meets monthly to render decisions on cases where there is question regarding a determination made by the Community Development Department in the enforcement of the Zoning Ordinance. The Board also reviews and decides upon special use permits and variances to the Zoning Ordinance. Special use permits and variances are granted when the proposed request is in harmony with the purpose and intent of the Zoning Ordinance.

Special use permits will be granted upon:
A.) Showing the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding properties.
B.) That such use shall not:

  1. Impair an adequate supply of light and air to surrounding property.
  2. Unduly increase congestion in the streets or public danger of fire and safety.
  3. Diminish or impair established property values in adjoining or surrounding properties.
  4. Unduly burden public utilities.

Variances will be granted upon:
A.) Showing of good and sufficient cause.
B. A determination that:

  1. Failure to grant the variance would result in a substantial hardship to the applicant.
  2. Hardship is not self-imposed.
  3. Granting the variance will not be contrary to the public interest or neighborhood integrity.
  4. Granting of a variance is the minimum necessary to afford relief from Title 11, Chapter 3, Board of Adjustment, while preserving the spirit of the Zoning Ordinance.

Application
Before a case can be heard by the Board of Adjustment, an application must be completed and the required fee paid.

When the application is received and verified, a Public Hearing Notice will be prepared and the adjoining owners and media notified not less than 7 days or more than 20 days prior to the Board of Adjustment meeting.

Public Hearing
The applicant or representative is given an opportunity to present his/her case and submit any evidence in support of the case. All parties wishing to speak will be given an opportunity to be heard. The Board will then make a decision based on the criteria set forth above.

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