Variances & Special Use Permits

The Planning Services Division provides professional resources for Board of Adjustment. The Board meets monthly and renders decisions on Variances, Special Use Permits, and Interpretive Review appeals of determinations made by staff in enforcement of the Zoning Ordinance.  Before a case can be heard, an application and $275 fee must be submitted. Public Notice is sent to the media and property owners within 310 feet of the property in question prior to the Board meeting. At the public hearing, the applicant or their representative has an opportunity to present their case and submit evidence in support of the case. Staff also presents information and evidence. All parties wishing to speak will be given an opportunity. The Board then closes the public hearing and renders a decision based on the criteria set forth in the Zoning Ordinance.

Current BOA Schedule

VARIANCE
A variance provides property owners the opportunity to request an exception to regulations in the Zoning Ordinance when strict adherence would create a hardship due to a unique characteristic of the property. Variances may be granted by the Board of Adjustment when all of the following criteria have been met:

  • Showing of good and sufficient cause; and
  • Failure to grant the variance would result in a substantial hardship to the applicant; and
  • The resulting hardship is not self-imposed; and
  • Granting the variance will not be contrary to the public interest or neighborhood integrity; and
  • Granting the variance is the minimum necessary to afford relief from the hardship while preserving the spirit of the Zoning Ordinance.
Responses to questions in the Variance Application should fully address how each of the above criteria apply to the requested exception.

SPECIAL USE PERMIT
The Zoning Ordinance recognizes some uses may be appropriate when reviewed on a case by case basis and with the opportunity to enforce unique restrictions. Special Use Permits may be granted by the Board when the following criteria have been met:

  • The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property; and
  • The use shall not impair an adequate supply or light and air to surrounding properties; and
  • The use shall not unduly increase congestion in the streets or public danger of fire and safety; and
  • The use shall not diminish or impair established property values in adjoining or surrounding properties; and
  • The use shall not unduly burden public utilities; and
  • Any other criteria the Board finds necessary to protect the public health, safety, and general welfare of the community.