Chapter 23
CHAPTER 23 Variance 23. Section 2301—Purpose:
This Chapter is provided to allow the opportunity for any person desiring a Variance to the development standards and requirements of this Ordinance, as applied to a particular parcel of property, to have such request considered, as provided for by LUDMA. Section 2302—Authority:
1. The BOA is hereby authorized to approve, approve with requirements, or deny all Variance Applications. Section 2303—Initiation:
1. Requests for a Variance shall be made on a Variance Application, as provided by the Town. 2. A property owner may present a Variance Application for review and decision. An agent of the property owner, or a lessee of the property, may present a Variance Application for review and decision, provided such Application is accompanied by a property owner affidavit of authorization. 3. A Variance Application shall be determined complete by the Planner, as provided by Section 1206, herein. For Variance Applications determined to be incomplete, the Planner shall comply with the requirements of Section 1207, herein. Section 2304—Variance Application Requirements:
Variance Applications shall provide the following information and materials: 1. A complete Variance Application. 2. Other information, as determined necessary by the Applicant, necessary to clearly establish the need for a Variance and compliance with the provisions of this Chapter. Section 2305—Burden on Applicant:
The Applicant for a Variance shall bear the full burden of proving that all the standards and findings required for the approval of a Variance Application, with or without requirements, as required by this Chapter have been met Section 2306—Review and Approval Procedures:
The procedures for the review of a Variance Application are identified by Figure 23-1, herein.
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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Section 2307— Approval Standards for a Variance Application:
1. The BOA may grant a Variance Application, with or without requirements, only if: 1.1. Literal enforcement of this Ordinance would cause an unreasonable hardship for the Applicant that is not necessary to carry out the purposes of this Ordinance. 1.2. There are special circumstances attached to the property that do not generally apply to other properties in the same Zoning District. 1.3. Granting the Variance Application is essential to the enjoyment of a substantial property right possessed by other property in the same Zoning District. 1.4. Approving the Variance, with or without requirements will not substantially affect the General Plan and will not be contrary to the public interests; and 1.5. The spirit of this Ordinance is observed and substantial justice done. Section 2308—Required Findings for Approval of a Variance Application:
1. In determining whether or not enforcement of this Ordinance would cause an unreasonable hardship, as required by Section 2307, the BOA shall not find an unreasonable hardship unless the alleged hardship: 1.1. Is located on, or associated with the property for which the Variance is sought; and 1.2. Comes from circumstances peculiar to the property, and not from conditions that are general to the neighborhood. 2. In determining whether or not enforcement of this Ordinance would cause an unreasonable hardship, as required by this Section, the BOA shall not find an unreasonable hardship if the hardship is self-imposed or economic. 3. In determining whether or not there are special circumstances attached to the property, as required by this Section, the BOA may find that special circumstances exist only if the special circumstances: 3.1. Relate to the hardship complained of; and 3.2. Deprive the property of privileges granted to other properties in the same Zoning District.
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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Section 2309—Variance Requirements Authorized:
In approving a Variance Application the BOA may impose such requirements found necessary by the BOA to: 1. Mitigate any harmful effects of the Variance; or 2. Serve the purposes of the standards or requirements that are modified. Section 2310—Use Variance Prohibited:
The BOA shall not approve any Variance Application that would have the effect of authorizing any Use that is not allowed in a Zoning District, or a Use that is prohibited in by the Land Use Ordinances of the Town, as identified by the Tables of Uses. Section 2311—Effect of Variance Application Approval:
Approval of a Variance Application shall not be deemed an Approval of any other Application, Permit, or License. Upon a finding by the BOA that the approval standards for a Variance are met, the Applicant may then present to the Town any other necessary Land Use Applications or a Building Permit Application that may be required by this Ordinance, the Town other Land Use Ordinances, or the adopted Building Codes. Section 2312—Effect of Approving a Variance Application:
1. A Variance approval by the BOA shall run with the land. 2. Following a decision concerning a Variance Application by the BOA, the BOA Recording Secretary shall provide the Applicant with a written notice of the decision. The written record of all Variance Applications shall be maintained on file by the BOA Recording Secretary. 3. The approval of a Variance Application shall not authorize the establishment or the extension of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, and shall not be deemed an Approval of any other Application, Permit, or License. Upon a finding by the BOA that the approval standards for a Variance are met, the Applicant may then present to the Town any other necessary Land Use Applications or a Building Permit Application that may be required by this Ordinance, the Town other Land Use Ordinances, or the adopted Building Codes. Section 2313— Continuing Validity and Expiration:
A Variance Application approval shall expire and shall be invalid if a building, activity, construction, or occupancy, as approved by the Variance Application approval and any other required Land Use Application or Building Permit approval, is not commenced within one hundred eighty (180) days from the date of the last approval. If work has not commenced, or a
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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use established within one hundred eighty (180) days from date of the approval, the Variance Application approval shall be void and a new Variance Application required. Section 2314—Appeals:
Any person aggrieved by a decision of the BOA regarding a Variance Application may appeal the decision to the District Court, as provided by the LUDMA, and Chapter 26, herein.
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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Figure 23-1 Variance Application Procedures
Application filed with Planner
Application Reviewed by Planner for Application Completeness
Application Determined Complete
Application Determined Incomplete
See Figure 12-1
Complete Application reviewed by BOA for compliance with all requirements of Town’s Land Use Ordinances, including this Ordinance
Application found To Comply with all requirements of Land Use Ordinances and all other applicable Codes. Application Approved by the BOA
Application found To Not Comply with all requirements of Land Use Ordinances and all other applicable Codes. Application Denied by the BOA
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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This Chapter is provided to allow the opportunity for any person desiring a Variance to the development standards and requirements of this Ordinance, as applied to a particular parcel of property, to have such request considered, as provided for by LUDMA. Section 2302—Authority:
1. The BOA is hereby authorized to approve, approve with requirements, or deny all Variance Applications. Section 2303—Initiation:
1. Requests for a Variance shall be made on a Variance Application, as provided by the Town. 2. A property owner may present a Variance Application for review and decision. An agent of the property owner, or a lessee of the property, may present a Variance Application for review and decision, provided such Application is accompanied by a property owner affidavit of authorization. 3. A Variance Application shall be determined complete by the Planner, as provided by Section 1206, herein. For Variance Applications determined to be incomplete, the Planner shall comply with the requirements of Section 1207, herein. Section 2304—Variance Application Requirements:
Variance Applications shall provide the following information and materials: 1. A complete Variance Application. 2. Other information, as determined necessary by the Applicant, necessary to clearly establish the need for a Variance and compliance with the provisions of this Chapter. Section 2305—Burden on Applicant:
The Applicant for a Variance shall bear the full burden of proving that all the standards and findings required for the approval of a Variance Application, with or without requirements, as required by this Chapter have been met Section 2306—Review and Approval Procedures:
The procedures for the review of a Variance Application are identified by Figure 23-1, herein.
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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Section 2307— Approval Standards for a Variance Application:
1. The BOA may grant a Variance Application, with or without requirements, only if: 1.1. Literal enforcement of this Ordinance would cause an unreasonable hardship for the Applicant that is not necessary to carry out the purposes of this Ordinance. 1.2. There are special circumstances attached to the property that do not generally apply to other properties in the same Zoning District. 1.3. Granting the Variance Application is essential to the enjoyment of a substantial property right possessed by other property in the same Zoning District. 1.4. Approving the Variance, with or without requirements will not substantially affect the General Plan and will not be contrary to the public interests; and 1.5. The spirit of this Ordinance is observed and substantial justice done. Section 2308—Required Findings for Approval of a Variance Application:
1. In determining whether or not enforcement of this Ordinance would cause an unreasonable hardship, as required by Section 2307, the BOA shall not find an unreasonable hardship unless the alleged hardship: 1.1. Is located on, or associated with the property for which the Variance is sought; and 1.2. Comes from circumstances peculiar to the property, and not from conditions that are general to the neighborhood. 2. In determining whether or not enforcement of this Ordinance would cause an unreasonable hardship, as required by this Section, the BOA shall not find an unreasonable hardship if the hardship is self-imposed or economic. 3. In determining whether or not there are special circumstances attached to the property, as required by this Section, the BOA may find that special circumstances exist only if the special circumstances: 3.1. Relate to the hardship complained of; and 3.2. Deprive the property of privileges granted to other properties in the same Zoning District.
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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Section 2309—Variance Requirements Authorized:
In approving a Variance Application the BOA may impose such requirements found necessary by the BOA to: 1. Mitigate any harmful effects of the Variance; or 2. Serve the purposes of the standards or requirements that are modified. Section 2310—Use Variance Prohibited:
The BOA shall not approve any Variance Application that would have the effect of authorizing any Use that is not allowed in a Zoning District, or a Use that is prohibited in by the Land Use Ordinances of the Town, as identified by the Tables of Uses. Section 2311—Effect of Variance Application Approval:
Approval of a Variance Application shall not be deemed an Approval of any other Application, Permit, or License. Upon a finding by the BOA that the approval standards for a Variance are met, the Applicant may then present to the Town any other necessary Land Use Applications or a Building Permit Application that may be required by this Ordinance, the Town other Land Use Ordinances, or the adopted Building Codes. Section 2312—Effect of Approving a Variance Application:
1. A Variance approval by the BOA shall run with the land. 2. Following a decision concerning a Variance Application by the BOA, the BOA Recording Secretary shall provide the Applicant with a written notice of the decision. The written record of all Variance Applications shall be maintained on file by the BOA Recording Secretary. 3. The approval of a Variance Application shall not authorize the establishment or the extension of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, and shall not be deemed an Approval of any other Application, Permit, or License. Upon a finding by the BOA that the approval standards for a Variance are met, the Applicant may then present to the Town any other necessary Land Use Applications or a Building Permit Application that may be required by this Ordinance, the Town other Land Use Ordinances, or the adopted Building Codes. Section 2313— Continuing Validity and Expiration:
A Variance Application approval shall expire and shall be invalid if a building, activity, construction, or occupancy, as approved by the Variance Application approval and any other required Land Use Application or Building Permit approval, is not commenced within one hundred eighty (180) days from the date of the last approval. If work has not commenced, or a
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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use established within one hundred eighty (180) days from date of the approval, the Variance Application approval shall be void and a new Variance Application required. Section 2314—Appeals:
Any person aggrieved by a decision of the BOA regarding a Variance Application may appeal the decision to the District Court, as provided by the LUDMA, and Chapter 26, herein.
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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Figure 23-1 Variance Application Procedures
Application filed with Planner
Application Reviewed by Planner for Application Completeness
Application Determined Complete
Application Determined Incomplete
See Figure 12-1
Complete Application reviewed by BOA for compliance with all requirements of Town’s Land Use Ordinances, including this Ordinance
Application found To Comply with all requirements of Land Use Ordinances and all other applicable Codes. Application Approved by the BOA
Application found To Not Comply with all requirements of Land Use Ordinances and all other applicable Codes. Application Denied by the BOA
Vineyard Town Zoning Ordinance Amendments – Adopted by Ordinance 2005-04 – Effective January 1, 2006
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