Zoning Variance Application

ADMINISTRATIVE REVIEW
To hear and decide appeals where it is alleged there is error in any decision made by the administrative official in the enforcement of the Zoning Ordinance.

VARIANCES
To authorize variances that will not be contrary to the public interest where, due to special conditions, a literal enforcement of the Zoning Ordinance would result in unnecessary hardship that would deprive the owner of any reasonable use of the land or building involved. A variance shall not be granted unless and until:

1. The applicant can show that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.
2. The applicant can show that literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Ordinance.
3. The applicant can show that special conditions and circumstances do not result from the actions of the applicant.
4. The applicant can show that granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance to other lands, structures or buildings in the same district.
5. No nonconforming or permitted use of lands, structures or buildings in the same or other districts shall be considered grounds for the issuance of a variance.
6. The reasons set forth in the application justify the granting of the variance.
7. The variance is the minimum variance that will make possible the reasonable use of land, building or structure.
8. The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

In granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards that it deems necessary or desirable. Violations of such conditions and safeguards are a violation of the Zoning Ordinance.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible in the zoning district involved.

PROCEDURES

1. All appeals and applications made to the Board of Zoning Adjustment shall be made in writing on appropriate forms within fifteen (15) days after a decision has been rendered by an administrative official.
2. Every appeal or application shall refer to the specific provision of the Zoning ordinance involved and shall exactly set forth (a) the interpretation that is claimed, (b) the use for which the permit is sought or (c) the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.
3. Each application for a variance must include a scale drawing showing the requested variance along with all relevant information, including the exceptional condition or situation of the property that causes the exceptional practical difficulty or undue hardship for which relief is being sought.
4. All appeals and applications shall be made no less than fifteen days prior to the public hearing before the Board of Zoning Adjustment.
5. Each applicant must cause a public notice to be published at the applicant's expense at least once not less than fifteen (15) days prior to the date of the public hearing. The notice must be in the Log Cabin Democrat. The notice shall give the following information:
6. The location of the variance sought including the legal description and an address. If an address is not available, a description that is clear to the average layperson will suffice.
7. A brief statement of the request.
8. The date, time and location of the public hearing.
9. The applicant must post a public hearing sign on the property no less than 15 days prior to the public hearing. The sign shall be in plain view of and easily readable from the public street. The disposable sign must be obtained from the Administration Department.
10. The applicant must notify by certified letter and / or petition, no less than 15 days prior to the public hearing, all property owners within 300 feet of the petitioner’s property, of the intention to seek a variance. The applicant must state the date and time of the public hearing in the certified letter and / or petition. The postmarked certified receipts and / or return receipts and / or petition must be submitted to the Administration Department staff no later than 15 days prior to the public hearing. A map showing the location of the property and a letter from the petitioner certifying that the map shows a complete list of those property owners should also be submitted at that time. This map is used to verify that all property owners have been notified.

FEES
The fee for any appeal or application to the Board of Zoning Adjustment shall be per the attached filing fee list, no part of which shall be refundable.

Filing Fee of $100.00 – Paid at the Permits Office or online no later than 15 days prior to the public hearing

APPEALS FROM BOARD OF ADJUSTMENT
Any person or persons, or any board, taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State of Arkansas.

NOTE
It should be noted that this is not an exhaustive guideline regarding the Board of Adjustment. Additional information is available in the Mayflower Zoning Ordinance.