Variance_App_202203
Page 1 of 2 Board of Zoning Adjustment Variance_App_202203.docx
Variance Application – Board of Zoning Adjustment (BZA)
City of Prattville, Planning & Development Department 102 W Main Street Prattville, AL 36067 (334) 595-0500 / planning@prattvilleal.gov
Location of Subject Property: _________________________________________________________________________________________
Name of Applicant(s): ______________________________________________________ Phone: __________________________________
Address: ____________________________________________________________ Email: _______________________________________
Name of Owner(s): ________________________________________________________ Phone: __________________________________
Address: ____________________________________________________________ Email: _______________________________________
The applicant will be the point of contact for all communication with city staff
Current Zoning: ________ Total Acreage: __________ Current Use of Property: ________________________________________________
Review the Prattville Zoning Ordinance, specifically Article 12
Any variance granted shall be the minimum adjustment necessary to enable the legal use of the land, building, or structure. The Board may
prescribe any safeguard that it deems necessary to secure substantially the spirit of the zoning ordinance or provisions to which the variance
applies. There must be proof of unnecessary hardship. The hardship complained of cannot be self-created.
1. What are the extraordinary and exceptional conditions pertaining to the particular piece of property in question (size, shape, or
topography)?
2. How would the application of the Zoning Ordinance of the City of Prattville to this particular piece of property create an unnecessary
hardship?
3. What conditions are peculiar to this particular piece of property? (attach extra pages as needed to answer questions)
“Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit
court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken.” (Code of Alabama § 11-52-81)
All items must be marked as included or understood: *The deadline to apply for the next meeting is: _______ / _______ / ______
_____ Proof of Ownership *The date of the next available meeting is: _______ / _______ / _______
_____ Designation of Agent Form (mark N/A if not applicable)
_____ Accurate, scaled site plan showing all necessary information, including property lines, existing & proposed structures, dimensions,
and any additional information that would be helpful to the BZA in making a decision
_____ Fee
_____ I agree to allow the City to place a sign or signs on this property notifying the public of this request
_____ Applicant must attend meeting
_____ I have read the guidelines referenced in article 12 section 12.04 in the City of Prattville Zoning Ordinance
I have read the above statements and warrant in good faith that I understand and will comply, and that the information submitted is
true and correct. I acknowledge that it is my responsibility to supply competent and credible evidence to inform the BZA of the
nature and degree of the hardship and the variance sought, and to demonstrate that the use of the property will not substantially
impair the intent and purpose of the Zoning Ordinance.
Applicant Signature: ________________________________________________________ Date: ______ / ______ / _________
STATE OF ALABAMA
COUNTY OF _____________________________
I, _________________________________________________, a Notary Public in and for said State at Large, hereby certify that
_________________________________________________________________, whose name is signed to the foregoing document, and
______ Who is known to me, or
______ Whose identity I proved on the basis of ___________________________________________________________
and that being informed of the contents of the document, he/she, as such officer and with full authority, executed the same voluntarily on the day the same
bears date.
Given under my hand and official seal this the _________ day of _______________________________, 20______.
_____________________________________________, Notary Public My Commission Expires: __________________________
Page 2 of 2 Board of Zoning Adjustment Variance_App_202203.docx
§12.04 Variances
§12.04.01 The Board may authorize upon appeal in specific cases such variances from the terms of this Ordinance as will not be
contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this
Ordinance will result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial
justice done.
§12.04.02 A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship does, in
fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied by a use
prohibited in the applicable zoning district.
§12.04.03 It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of land
which poses a practical barrier to its development and use as otherwise permitted by this Ordinance. Variances are
limited to the minimum adjustment necessary to enable the reasonable use of the land.
§12.04.04 The Board uses the following guidelines in evaluating variance requests:
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are generally not applicable to other lands structures, or buildings in the same district.
2. A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the ordinance.
3. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed
hardship);
4. Granting of the variance is in harmony with the intent and purposes of the ordinance;
5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
6. The variance will not allow the establishment of any use expressly or by implication prohibited in the applicable
district;
7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.