Application Procedure - Applicants shall submit a written application to the Planning & Zoning
Department using the form included in this packet. Detailed submittal requirements for each type of application
are contained in this packet.
A filing fee established by the City Council shall accompany every application. The amount of the fee is based on
the actual cost of processing the application by the City. The application fee for a variance or special exception is
Stay of Proceedings - An appeal stays all proceedings of the action appealed from unless the Administrative
Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would cause
imminent peril to life
or property. In such cases, proceedings shall only be stayed by a restraining order
granted by the Board or by a court of record.
3. Notice of Hearing - Official written notice of public hearing on every application for a variance or for an
interpretation of regulations applying solely to an individual property are sent to all owners of real property lying
within two hundred feet of the property on which the variance is requested. The notice of hearing is mailed to
each property owner as the ownership appears on the last approved city tax roll. The notice will state the date,
time and place of the hearing, and the nature of the subject to be considered.
Public Hearing Procedure - Public hearings are required for all requests for variances or permits for
nonconforming uses or structures. Upon submittal of the application, the Planning & Zoning Department will
schedule the application for public hearing before the Zoning Board of Adjustment. The public hearings
provide an opportunity for the Board to hear from appellants; examine evidence; question the appellant, city staff,
or any witnesses; or seek additional information. At the public hearing, the applicant, all proponents and all
opponents will be given the opportunity to speak about the proposal. After completion of the public hearing, the
Zoning Board of Adjustment will discuss the merits of the case and render a decision.
Decision and Voting - Every decision of the Board must be based upon findings of fact and detailed in the rec
for consideration of a variance request are detailed in Chapter 6 of the
Bedford Development Code. The affirmative vote of four members is necessary in order for a request to be
approved. A 3-2 vote in favor of the request is not considered approval of the request.
6. Approval of Request - In approving any request, the Board may establish conditions, including time limits, in
order to secure substantially the objectives of the regulation or provision to which such variance is granted and to
provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
When necessary the Board may require guarantees, in the form as it deems proper, to insure that conditions
designated are being or will be complied with.
7. Denial of Request - No appeal or application that has been denied shall be further considered by the Board,
unless the Board affirmatively finds: that new plans materially change the nature of the request, or the
permitted development of other nearby property in the same zone has been substantially altered or changed by a
ruling of the Board so as to support an allegation of changed conditions.
Appeal of Board Actions - A decision of the Board of Adjustment may
only be appealed to district court or
court of jurisdiction. The petition setting forth that such decision is illegal, in whole or in part, must specify the
grounds of such illegality. The petition must be presented to the court within thirty days of the Board’s decision.
The City Council does not have the authority to review a decision of the Zoning Board of Adjustment.