Board of Adjustment
The Board of Adjustment is authorized to grant variances from the district dimensional standards found in Chapter 5 of Title 22, District Dimensional Standards unless a variance is specifically prohibited for a particular requirement. The granting of a variance shall not be contrary to the public interest or the spirit of Title 22 where, owing to special conditions, a literal enforcement of the provisions of Title 22 would result in unnecessary physical (not economic) hardship to the property owner. It is the intent of this delegation of power to the Board that no variance will be granted which is a use variance and has the practical effect of rezoning property to a higher intensity of use than the district in which the property is located.
The application fee for the Board of Adjustment is $400 prior to any work being done or $1,400 if work has been started. Please read Chapter 3, Section 22.3.7 in Title 22 for more details on the Board of Adjustment process.
Following staff review and notice requirements, the Board of Adjustment holds a public hearing on the variance request, and, at the close of the public hearing will act to approve, approve with conditions, or deny the application based on the criteria below. A concurring vote of at least three members of the Board of Adjustment shall be required to approve any variance request.
A variance shall be granted upon an affirmative finding by the Board of Adjustment that all of the following exist:
- Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Edmond Plan.
- Such conditions are peculiar to the particular piece of property involved and are not a result of the owner's intentional action.
- The application of the ordinance to the particular piece of property would create an unnecessary physical (not economic) hardship because the property cannot be used for an otherwise allowed use without coming into conflict with applicable site development standards.
- The granting of the permit for the variance shall not adversely affect the rights of adjacent property owners or residents.
- The variance desired shall not adversely affect the public health, safety, or welfare or impair the purposes or intent of this Title or the Edmond Plan.
- The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
Finding of Fact
The Board of Adjustment shall, in making its finding on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public rights-of-way, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, and general welfare of the city. Every ruling made upon any variance shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the variance.