Variance
11 stepsRelaxation of zoning requirements where strict compliance would result in undue hardship. Applicant bears burden of proving hardship. Per Rules of Procedure and Chapter 180-101, 180-105(A)(3).
Board of Zoning Appeals (BZA)
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Withdrawn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withdrawn["Withdrawn"]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|"Withdrawn After Scheduling"| withdrawn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|"Withdrawn at Hearing"| withdrawn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- hearing_scheduled → Withdrawn After Scheduling → withdrawn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- hearing_held → Withdrawn at Hearing → withdrawn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
| Requirement | Details |
|---|---|
| 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
| Requirement | Details |
|---|---|
| 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 |