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1. How do I apply for a Variance or Appeal?

If a landowner believes that a variance or administrative appeal is justified, an application must be filed with the Planning Department at least 21 days prior to the next scheduled Board meeting. The application consists of a letter addressed to the Zoning Board of Adjustment and submitted to staff, a site plan drawing to-scale, showing the proposed request, and the appropriate nonrefundable filing fee. The letter should include each of the following:
• Date
• Applicant’s name and contact information
• Address of the subject property
• Legal description of the subject property
• Detailed explanation of the variance request (see below) or detailed explanation of the administrative decision to which an appeal is requested

The detailed explanation of the request in the letter should include the description and dimension of the variance or appeal requested (i.e. variance to side yard setback); reasoning for why it should be granted; and explanation of the hardship incurred if the variance or appeal is not granted.

In the case of a variance consideration, it is up to the applicant to prove to the Board that strict application of the ordinance will result in an unnecessary and undue hardship.

In the case of an appeal, it is up to the applicant to provide a reasonable alternative to the administrative decision supported with facts.

2. How do I apply for a Conditional Use Permit?

If a proposed use requires a Conditional Use Permit as specified in the “Use Regulations” within the Zoning District specification of the Zoning Ordinance, then an application must be filed with the Planning Department at least 30 days prior to the next scheduled Planning and Zoning Commission meeting. The application consists of a letter addressed to the Planning and Zoning Commission and submitted to Staff; a site plan drawing to scale depicting the proposed request and in accordance with Chapter 17.80 and Chapter 17.76.050.A of the Zoning Ordinance; and the appropriate nonrefundable filing fee. The letter should include each of the following:
• Date
• Applicant’s name and contact information
• Applicant’s representative, if applicable
• Address of the subject property
• Legal description of the subject property
• Elevations of any buildings, structures, and signs
• Detailed explanation of the request (see below)

The detailed explanation should include the information about the proposed use and how the proposed Conditional Use is compatible with Permitted Uses in the District; the hours of operation, if applicable; and other pertinent information that pertains to the proposed use in support of the request for a Conditional Use Permit.

3. How do I apply for a Meritorious Exception?

If a building requires a Meritorious Exception as specified in the “Architectural Requirements” within the Zoning District specification of the Zoning Ordinance, then an application must be filed with the Planning Department at least 30 days prior to the next scheduled Planning and Zoning Commission meeting. The application consists of a letter addressed to the Planning and Zoning Commission and submitted to Staff; a site plan drawing to scale depicting the proposed request; and the appropriate nonrefundable filing fee. The letter should include each of the following:
• Date
• Applicant’s name and contact information
• Applicant’s representative, if applicable
• Address of the subject property
• Legal description of the subject property
• Elevations of any buildings and structures, including dimensions; building materials; the percentage of each building material; and the roof pitch(es)
• Detailed explanation of the request (see below)
• Any additional information that pertains to the proposed use in support of the request

The detailed explanation should include information about the proposed use; description of merit associated with proposed architectural design, including any alternate materials and/or features; and other pertinent details about the proposed design.

4. How do I apply for a vacation of an easement, right-of-way or alley?

If an easement, right-of-way or alley needs to be vacated, an application must be filed with the Planning Department. The application consists of a letter addressed to and submitted to staff; a scaled drawing depicting the proposed vacation; and the appropriate nonrefundable filing fee. Vacation of right-of-way or an alley requires payment for the value of the land involved. Vacation of an easement, right-of–way or alley could require the grant of an alternate easement, right-of-way or alley and payment for the cost of relocating facilities. The letter should include each of the following:
• Date
• Applicant’s name and contact information
• Applicant’s representative, if applicable
• Address of the subject property
• Name and contact information of surveyor preparing the plat, legal description,
sketch or schematic
• Explanation of the request detailing the need for the vacation
• Any additional information in support of the request

Please attach exhibits to the letter, including the legal description of both the subject property and the easement/right-of-way and the plat and/or schematic drawing.

5. How do I apply for a Special Exception?

If a building or use requires a Special Exception, as specified in the “Use Regulations” within the Zoning District specification of the Zoning Ordinance, then an application must be filed with the Planning Department at least 21 days prior to the next scheduled Zoning Board of Adjustment meeting. The application consists of a letter addressed to the Zoning Board of Adjustment and submitted to Staff; a site plan drawing to scale depicting the proposed request and in accordance with Chapter 17.16 of the Zoning Ordinance; and the appropriate nonrefundable filing fee. The letter should include each of the following:
• Date
• Applicant’s name and contact information
• Applicant’s representative, if applicable
• Address of the subject property
• Legal description of the subject property
• Elevations of any buildings, structures, and signs
• Detailed explanation of the request (see below)
• Any additional information that pertains to the proposed use in support of the request

The detail explanation should include information about the proposed use; the hours of operation, if applicable; and other details about the proposed use (building and/or operation).

6. How much does it cost to submit an application?

Check the fees on the Development Fees form. Development Fees