August 20, 2018

What happens if the zone variance or modification is approved?

Any decision rendered at the hearing is subject to appeal by any interested party. The appeal period is 14 calendar days, including the date of hearing. If no appeal is submitted, the variance or modification will become effective at the end of the appeal period. If an appeal is submitted, it will be scheduled for hearing before the Board of Supervisors, and further action is suspended until the appeal is resolved. Building permits cannot be issued until the end of the appeal period.

Variance and modification approvals usually are subject to conditions. For example, a variance to allow reduction of a side-yard setback may require that the affected structure be fireproofed to protect any surrounding buildings. Such conditions must often be complied with prior to the issuance of building permits or otherwise satisfied by the time of the final inspection. If no building permits are required, the conditions need to be satisfied prior to establishment of any use implemented as a result of the variance/modification. Applicants have a one (1) year time period to obtain permits or establish the use for which the variance or modification was issued. If an extension of time becomes necessary, it must be submitted prior to the project’s expiration date.