Zoning Variances

There are two types of variances.  The first type is a variance from developmental standards (or a dimensional variance).  The other type of variance is a use variance.  There are state required criteria that must be met in order for the Board of Zoning Appeals to be able to grant either variance.  There are three criteria for a variance from developmental standards and five for a use variance.  The person applying for either variance must be ready to address these criteria at the Board of Zoning Appeals meeting.  The Board of Zoning Appeals is a five member board that meets once a month.  The variance procedure requires public notification by the petitioner.

When certain requirements such as height, lot coverage, or most commonly side and rear yard setback cannot be met, a variance from developmental standards will be required.   

When a specific use is not permitted in a particular zoning district, a use variance must be sought.   

A variance from developmental standards becomes null and void if the issuance of a building permit has not been obtained within 90 days of approval.  A use variance runs with the owner of the property/business.  Once a property is sold and the new owner wants to continue the use, another use variance must be granted.  Use variances do not automatically run with the land, they expire when a change of ownership occurs.