Overview / Processes / Variance
Application Filed
Staff Review
Hearing Scheduled
Hearing Held
Withdrawn
Written Decision Pending
Variance Granted
Variance Granted with Conditions
Variance Denied
Reconsideration
Appealed to Circuit Court
graph TD
    application_filed(["Application Filed"])
    staff_review["Staff Review"]
    hearing_scheduled["Hearing Scheduled"]
    hearing_held["Hearing Held"]
    withdrawn["Withdrawn"]
    decision_pending["Written Decision Pending"]
    approved["Variance Granted"]
    approved_with_conditions["Variance Granted with Conditions"]
    denied["Variance Denied"]
    reconsideration["Reconsideration"]
    appealed_circuit_court["Appealed to Circuit Court"]
    application_filed -->|"Application Accepted"| staff_review
    application_filed -->|"Returned - Incomplete"| application_filed
    staff_review -->|"Hearing Date Set"| hearing_scheduled
    hearing_scheduled -->|"Hearing Conducted"| hearing_held
    hearing_scheduled -->|"Postponed"| hearing_scheduled
    hearing_scheduled -->|"Withdrawn After Scheduling"| withdrawn
    hearing_held -->|"Continued"| hearing_held
    hearing_held -->|"Record Closed"| decision_pending
    hearing_held -->|"Withdrawn at Hearing"| withdrawn
    decision_pending -->|"Variance Granted"| approved
    decision_pending -->|"Granted with Conditions"| approved_with_conditions
    decision_pending -->|"Variance Denied"| denied
    approved -->|"Motion to Reconsider"| reconsideration
    denied -->|"Motion to Reconsider"| reconsideration
    reconsideration -->|"Reconsidered - Granted"| approved
    reconsideration -->|"Reconsidered - Denied"| denied
    approved -->|"Appealed to Circuit Court"| appealed_circuit_court
    approved_with_conditions -->|"Appealed to Circuit Court"| appealed_circuit_court
    denied -->|"Appealed to Circuit Court"| appealed_circuit_court
Transitions (19)
  • application_filed Application Accepted staff_review
  • application_filed Returned - Incomplete application_filed
  • staff_review Hearing Date Set hearing_scheduled
  • hearing_scheduled Hearing Conducted hearing_held
  • hearing_scheduled Postponed hearing_scheduled
  • hearing_scheduled Withdrawn After Scheduling withdrawn
  • hearing_held Continued hearing_held
  • hearing_held Record Closed decision_pending
  • hearing_held Withdrawn at Hearing withdrawn
  • decision_pending Variance Granted approved
  • decision_pending Granted with Conditions approved_with_conditions
  • decision_pending Variance Denied denied
  • approved Motion to Reconsider reconsideration
  • denied Motion to Reconsider reconsideration
  • reconsideration Reconsidered - Granted approved
  • reconsideration Reconsidered - Denied denied
  • approved Appealed to Circuit Court appealed_circuit_court
  • approved_with_conditions Appealed to Circuit Court appealed_circuit_court
  • denied Appealed to Circuit Court appealed_circuit_court

Notice Requirements

RequirementDetails
Newspaper 2 consecutive issues, first at least 15 days prior to hearing
Certified Mail Applicant and contiguous property owners
Property Posting 22x28 inch sign, at least 14 days before hearing
Postponement Request 10 days prior, in writing, with advertising costs
Expert Reports All Parties Due no later than 20 days before hearing

Application Requirements

RequirementDetails
Fee Required at filing
Forms Town-provided forms filed with Zoning Administrator
Expert Reports Due at filing unless Board grants extension
Legal Standard Undue hardship, not contrary to public interest, most nearly accomplishes purpose of regulations
Code References 180-101, 180-105(A)(3), 180-108, 180-109
Owner Signature Required if applicant is not the property owner
Bar On Withdrawal 1 year from date of withdrawal if hearing was set, advertised and posted
Bar On Disapproval 2 years from date of disapproval for substantially similar proposal on same premises