Board of Adjustment

The Board of Adjustment hears variance requests and appeals of staff decisions. If someone feels that he or she cannot get a reasonable use of his or her property when the requirements of the Land Development Code is applied to the property, then he or she can apply for a variance from those requirements. Similarly, if someone feels that the Planning and Zoning Department staff is wrong in its interpretation of the Land Development Code, then he or she can appeal the staff interpretation.

In order for the Board of Adjustment to approve a variance request or to overturn a staff decision or interpretation, the Board must find evidence to support the request. The Board must vote to find the evidence supports the variance or appeal by a 4/5 majority in order to approve the variance or appeal.

In order to approve a variance, the applicant must prove the following:

1. There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance.
2. That the variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit.
3. That in granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
4. That the reasons set forth in the application justify the granting of a variance, and that the variance is a minimum one that will make possible the reasonable use of land or structures.

Belmont Board of Adjustment Members

For a variance application, please click here. Before applying for a variance, please consult with the Planning and Zoning Department staff. Legal representation is not required when applying for a variance or appealing a decision, but it is recommended.

The Board of Adjustment will meet on Thursday, June 3 at 6:30 pm to hear a variance case filed by Andrew Lineberger on behalf of R.L. Stowe Mills for the property at 116 Rankin Street. The variance request is for a reduced rear setback area.

June 3, 2010 Board of Adjustment Agenda Packet