CITY OF FORT CALHOUN
APPLICATION FOR BOARD OF ADJUSTMENT PUBLIC HEARING - VARIANCE

Section 1208 BOARD OF ADJUSTMENT

            b. Procedure for Appeals

1. Appeals shall be made to the Board of Adjustment through the office of the Planning Commission 
in written form as determined by the Planning Commission. The Board shall fix a reasonable time for 
the hearing of the appeal and shall decide the appeal within 30 days of the date of the public hearing. 
An appeal stays all proceedings in furtherance of the action, unless the Zoning Administrator 
certifies to the Board that by reason of the facts stated in the certificate, a stay would, in his/her 
opinion, cause imminent peril to life or property.

2. The Board shall provide a minimum of ten days notice of a public hearing on any question before it. 
Notice of the hearing shall be posted in a conspicuous place on or near the property on which the 
application has been made; by publication in a newspaper of general circulation in the City of Fort 
Calhoun; and by written notice to the appealing parties of interest.

3. Upon the public hearing, any party may appear in person or by agent or attorney. The concurring 
vote of four out of five members of such board as so composed shall be necessary to reverse any 
order, requirement, decision or determination of the Planning Commission, or to decide in favor of 
the appellant on any matter upon which it is required to pass under any zoning ordinance, or to 
effect any variation in such ordinance. (12-10)           

Section 1209 Powers and Duties of the Board of Adjustment

3. Conditions for Grant of Variance:

(a) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in c
onformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under 
which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1214 
of this Ordinance.

(b) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the
 terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of 
this Ordinance in said district.

(c) No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or 
non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance 
of a variance. (12-11)  

Applicant: ___________________________________________________________________________

Applicant’s Address: ________________________________________________Zip: _______________

Telephone: (home/cell): ______________________________ (work): ____________________________

Owner of Record: __________________________________Address: ___________________________

Telephone: (home/cell) ______________________________ (work): ____________________________

Present Zoning: ______________________________________________________________________

Legal description of Property: ____________________________________________________________

Address of Property: ___________________________________________________________________

Description of requested variance: ________________________________________________________

Diagram:

This authorizes the City Planning Commission, City Council, Board of Adjustment and Building Inspector to enter upon the property during 
normal working hours for the purpose of becoming familiar with the proposed situation.

______________________________________________                                    ________________________________________
Applicants Signature                                                                                               Property Owner’s Signature if not Applicant