Once a completed application is received, City Staff will publish a notice of the request in the newspaper, mail written notice to all property owners within 200 feet of the applicant’s property, and prepare a report to the members of the Zoning Board of Adjustment or Appeal Commission. The Board or Commission also hears evidence from the City Staff and from the public regarding the need or effect of granting the request. Failure of the applicant to appear may result in an immediate denial since insufficient evidence will have been presented for approval.
After hearing the evidence, the Board or Commission will make its decision based on the following criteria:
- Whether there are special circumstances or conditions affecting the land such that strict application of the ordinance would result in an unnecessary or undue hardship, and
- That the hardship is solely due to the peculiar circumstances and is unrelated to the conduct or self-originated expectations of the property owners or buyers, and
- That the variance or appeal is necessary for the preservation and enjoyment of a substantial property right, and
- That granting the variance will not be detrimental to the health, safety, and welfare of the community or contrary to the Comprehensive Plan.
A decision to grant a variance or appeal must receive four (4) affirmative votes from the five-member Board or Commission to be approved.