Application Types
Variance. A variance is a variation of a provision of the zoning regulations granting authority to a property owner touse his or her property in a manner not permitted by the regulations. It can be granted at the discretion of the Zoning Board of Appeals only on the grounds of hardship for the particular property involved. This means that if the zoning regulations are strictly enforced, exceptional difficulty or unusual hardship will result. Unusual shape or topography or other characteristics of the property, which would interfere with its reasonable use, are examples of hardships, which can be valid grounds for a variance. Personal or financial hardship for the owner, or hardship which is the result of the owner’s actions (both past and present), cannot be considered sufficient grounds for a variance. A variance becomes a part of the Land Records and does not cease when the applicant no longer owns the property.
Special Exception. Structures and uses that complied with the Zoning Regulations in effect at the time they were permitted but do not comply with current regulations are considered to be non-conforming. These structures and uses may lawfully continue to exist as long as they are not "abandoned" in the future. When one wishes to alter such a non-conforming structure, a special exception from the ZBA may be required by Article 9 of the Zoning Regulations. In order for the ZBA to grant approval, it must be demonstrated that the proposed alteration will not
significantly or adversely affect the character of the neighborhood or the property values of the neighbors. Changes from one non-conforming use to another non-conforming use and expansions of existing nonconforming uses require special permit approval from the Planning and Zoning Commission (PZC).
Appeal of Zoning Agent Decision. The Zoning Agent is the legal enforcement officer of the Zoning Regulations. If the Zoning Agent refuses to issue a permit to initiate a project because, in his/her opinion, some feature of the project conflicts with the regulations, the affected party may appeal the decision to the ZBA. The Zoning Agent may also issue a Cease & Desist order to a property holder and if the property owner feels the Agent erred. they have a right to appeal to the ZBA. After hearing the facts in the case, the ZBA may find that an error was made. In this
case, the Zoning Agent would be directed to issue the necessary permit or remove the Cease & Desist order. If the ZBA find that no error was made, the Zoning Agent's action stands. However, the applicant may continue their appeal to the Court.
For additional information on the Zoning Board of Appeals process, please contact the Department of Planning and Development.