The owner of the property understands that variances are granted based on the zoning code.
Variances are not granted on any kind of covenants. Covenants are between property owners.
Example: If you are asking for a variance from a building setback line and the building setback
line is recorded on the plat and matches the Zoning Code, then the Board of Zoning Adjustment
would only hear the case based on the Zoning Code requirements, not what is on the recorded plat.
The recorded plat is a covenant between property owners of the subdivision. You must have
signatures of every property owner on the recorded plat map to change the covenant portion of the
setback. The letter of signatures approving the amendment of the covenants must be filed with the
Office of the Probate Court. Again, we can only give a variance based on the Zoning Code and
that is the only portion of the building setback changes that the Board of Zoning Adjustment will
vote on. Once filed with the Office of Probate, please bring a copy of the recorded amendment to
the Office of the City Clerk and we will place it in your file.
EXAMPLES OF VARIANCES
A request for a building setback variance should be accompanied by a site map showing the
dimensions and location of the proposed structure and distances from all property lines, rights-of-
way and easements.
A request for a variance to the sign regulations should be accompanied by a drawing of the
proposed structure showing all dimensions and a site plan showing the location of the sign in
relation to property lines, rights-of-way, buildings and other signs on the premises. The applicant
shall also provide the number, type, location and dimensions of all existing signs on the premises.
TIME LIMIT ON OBTAINING PERMIT(S)
Unless otherwise specified by the Board, a special exception, or variance authorized by the
Board shall expire if the applicant fails to obtain a building permit pursuant thereto within six (6)
months of the date of authorization by the Board of Zoning Adjustment.
It is recommended that the applicant and the applicant’s designated representative, be present at
the meeting at which the Board of Zoning Adjustment is to hear the request. Lack of
representation on the part of the applicant may result in the request being delayed.