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Zoning Variance & Special-Use Permit Review Checklist

Guides a planning department or zoning board of appeals through processing a variance or special-use permit application, from application completeness through findings of fact and the hardship/standards test.

Local Zoning OrdinanceStandard State Zoning Enabling ActDue Process (14th Amendment)

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Application Intake & Completeness

  • Is a complete application on file identifying the parcel, applicant, and specific relief requested? *
  • Type of relief requested: *
  • Has the required application fee been paid? *
  • Is a survey or site plan showing existing and proposed conditions and setbacks attached? *
  • Does the applicant hold legal or equitable interest (ownership/contract) in the property? *

Public Notice & Hearing

  • Was published notice of the public hearing provided within the ordinance-required timeframe? *
  • Were mailed notices sent to abutting/adjacent property owners within the required radius? *
  • Was the property physically posted with a hearing sign where required? *
  • Is an affidavit of notice / proof of publication in the record? *

Variance Standards (Practical Difficulty / Unnecessary Hardship)

  • Does an unnecessary hardship or practical difficulty exist arising from unique physical conditions of the parcel? *
  • Is the hardship self-created by the applicant (which generally bars relief)? *
  • Will the variance preserve, not destroy, a substantial property right enjoyed by others in the district? *
  • Is the requested variance the minimum necessary to afford relief? *

Special-Use Permit Standards

  • Is the proposed use expressly listed as a special/conditional use in the applicable zoning district? *
  • Is the use compatible with, and not injurious to, surrounding properties and the public health, safety, and welfare? *
  • Are adequate utilities, access roads, drainage, and parking available or provided? *
  • Are proposed conditions of approval (buffering, hours, screening) documented? *

Decision & Findings of Fact

  • Does the board's decision include written findings of fact addressing each required standard? *
  • Decision rendered: *
  • Were all conditions of approval reduced to writing and attached to the permit? *
  • Was the applicant advised of the appeal period to circuit/superior court? *

Download the full Zoning Variance & Special-Use Permit Review Checklist checklist

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