Board of Adjustment Application
Variances allow for adjustments to specific ordinance requirements, owing to special and unique conditions, where the literal enforcement of the ordinance provisions result in an unnecessary hardship. When a lot differs from other lots in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other lots in the same district, a variance can be sought. It is important to understand that a variance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only. The Board must find all of the following conditions from section 23356.2(H) of the Zoning Ordinance present in order to grant a variance:
- That the granting of the variance will not be contrary to the public interest and will not be injurious to neighboring properties or otherwise detrimental to the public welfare.
- That granting a variance is consistent with spirit and intent of this Ordinance and is in harmony herewith.
- That, due to special conditions and peculiarities of the land or improvements in question, literal interpretation of the provisions of this Ordinance would result in unnecessary hardship (other than financial) to the owner of the land and prohibit reasonable use of said land.
Application fee: $400
There are certain listed uses that may be allowed within the city, designated as special exceptions. Given the nature of these uses, they are allowed provided that an applicant come to the Board of Adjustment, show where the use will take place on a plan, allow a public hearing. The Board must find that the use will be compatible with the site and meets all of the following criteria from section 23356.2.G. of the Zoning Ordinance:
- That approval of the special exception is clearly in harmony with the general purposes and intent of this Ordinance and, furthermore, provides for substantial justice.
- Will be wholly compatible with the use and permitted development of adjacent property, either as filed or subject to such requirements as the Board finds to be necessary to protect and maintain the stability of adjacent properties.
- Will place no undue burden on public facilities. Public facilities to be considered shall include, but are not limited to streets and alleys, water and sewer utilities, schools and parks.
Application fee: $400
Accessory land uses such as construction offices, security residences, or subdivision sales offices may be temporarily allowed by the Board of Adjustment.
Application fee: $150
This allows the construction of a single-family dwelling on tracts of at least 20 acres of unplatted property.
There is no application fee.