Zoning Variance FAQs
Zoning Variance FAQs
A variance application may be submitted by a property owner, an agent for the owner (such as a contractor, attorney, architect, or real estate agent), or a person with a contractual interest in the property, such as a tenant or option holder. Change of Use applications requires the signature of an owner.
Applications are available in the City's Permit Office, Room 121B - City Hall, 30 Church Street. Applications must be submitted by appointment as indicated on the application form, and a public hearing is scheduled.
The Zoning Board of Appeals holds public hearings to grant or deny variance requests. The Zoning Board is a 7 member board appointed by the Mayor and confirmed by the City Council for 2-year terms. The concurring vote of four members is necessary to approve a variance. The Zoning Board is scheduled to meet once each month.
Standards for approval of a variance are established in the Zoning Code. The burden of proof in applying for a variance lies entirely upon the applicant. In the case of Use Variances, the applicant must demonstrate that strict application of the Zoning Ordinance causes unnecessary hardship and an inability to generate a reasonable return on investment. In the case of an Area Variance, the application must show that due to the unique physical characteristics of the property, strict conformance to the Zoning Ordinance requirements is unfeasible or impractical. Other standards are also applied, as shown in the application form.
- Members of the Zoning Board are provided copies of the application before the hearing.
- The applicant is allowed 15 minutes to present his/her case. Persons speaking either in favor of or in opposition are allowed 3 minutes to address the Board, and 10 minutes if the speaker is an authorized representative of an established neighborhood association.
- The applicant is allowed a 5-minute rebuttal.
- After the regular hearing, the Zoning Board deliberates on and decides on each application. Deliberations are also open to the public, but the public cannot participate in them.
No, but the applicant or a representative of his/her choice must attend the public hearing to present the application.
The rights to a Variance must be exercised within one year of the date of the Decision by obtaining a Building Permit and/or Certificate of Occupancy. The approval of a Variance shall not authorize the commencement of any work, rather it merely authorizes the preparation, filing, and processing of applications for any permits and approvals which the codes and ordinances of the City may require. Once enacted, Variances run with the land and do not otherwise expire.