When a building permit application is denied by the Building Inspector based on Zoning Code restrictions, the property owner may apply for a variance from the Zoning Code. The applicant must complete a variance application (PDF), with a survey and description (with exact dimensions) of the variance being sought. Attached to the application, the applicant must discuss the reasons why the variance is needed, including:
Practical difficulty or unnecessary hardship resulting from a literal enforcement of the provisions of the ordinance
Unique physical characteristics of the property that limits reasonable use of the property
Protection of the public interest so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done
Along with the variance application, the applicant must submit a non-refundable fee of $250 for administrative expenses. If payment is not received prior to the hearing date, the case will not be heard by the Board of Appeals. The property owner must appear, or be represented, to state the case at the hearing. Owners of those properties abutting the property listed on the variance application shall also receive notice of the meeting and may be present to state their views.