Description Development projects in the town need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.
 
Variances are reviewed on a case-by-case basis by the Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the Town’s zoning regulations.
 
The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance being requested is unique to the subject property, the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created), the variance, if granted, will not be contrary to the public interest.

Decisionmaker The Board of Appeals makes the final decision.

Appeals The Board's decision can be appealed to circuit court.