The purpose of a variance is to allow a specific deviation from these regulations that is not contrary to the desired future character for the site when, due to special circumstances of the land, strict application of these regulations would result in undue and unique hardship.
When Is This Required?
A Variance is required when the applicant seeks a substantial deviation from one or more land development regulation (LDR) standards. A variance may not be used for certain LDR standards as provided in section 8.8.2 B.
- How Long: Up to 90 days after application deemed sufficient
- Who Decides:
- Final Decision: Board of Adjustment
- Do not design your project with the assumption of a variance approval.
- Variances may be sought in advance of development approval.
- Since this request requires public noticing and neighbor noticing, staff advises speaking with your adjacent neighbors early on in the process prior to them receiving a Town of Jackson notification.
- All (6) findings must be made in order for the Board of Adjustment to approve a Variance.
- The Board of Adjustment is the same body as the Planning Commission.
How to Apply
Please submit an application packet with seven (7) hard copies and one (1) digital copy (via email to email@example.com) that includes the following:
- An application fee.
- An application Form (PDF).
- Narrative description of the proposal: Briefly describe the proposed use, physical development, development option or subdivision requiring the variance. Please include site plan and architectural plans in necessary detail to fully explain the variance request.
- A notarized letter of authorization (PDF).
- Variance Requested: Identify the provision of the LDRs from which you are seeking relief.
- Any other pertinent information.
Variance fees are $500.