Relevant Factors for Issuance of a Variance
A variance may be granted by the Board of Adjustment if it concludes that strict enforcement of the ordinance
would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance,
the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. It may
reach these conclusions if it makes detailed findings that:
The alleged hardship is suffered by the applicant as a result of the application of the Ordinance. (Variances
cannot be granted if the hardship is the result of restrictions other than those of the ordinance, restrictive covenants are an
The hardship relates to the applicant's land, such as location, size, or topography, rather than personal
circumstances. (Hardships suffered by the applicant should be the result of factors directly related to the applicant's land and not
The hardship is unique, or nearly so, rather than one shared by many surrounding properties.
suffered by the applicant in common with surrounding neighbors does not justify a variance. The proper remedy is an amendment to
the ordinance in such cases. Courts have held that boards granting variances based on such factors amounts to attempted usurpation
The hardship is not the result of the applicant's own actions.
(Where a property owner has either knowingly or
unknowingly violated the ordinance by erecting a forbidden structure, he/she cannot claim expenses as a hardship, otherwise no one
would ever comply with the ordinance. Similarly, when a person buys property and certain restrictions exist, he/she cannot be said
to suffer hardship if those restrictions are enforced; such hardship would be self imposed).
The variance will not authorize the initiation of a nonconforming use of land. Must show that the
variance requested represents the least possible deviation from the letter of the ordinance, and that it will
allow reasonable use of the property without creating a nonconforming use of same property.
I, the undersigned, do certify that all of the information presented in this application is accurate to the best of my
knowledge, information, and belief. Further, I hereby authorize county officials to enter my property for purposes
of determining zoning compliance. All information submitted and required as part of this application process shall
Note: Form must be signed by the owner(s) of record, contract purchaser(s), or other person(s) having a
recognized property interest. If there are multiple property owners/applicants, a signature is required for each.