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A variance is required if you want to do something with your property which is generally prohibited by the Zoning Bylaw. The applicant must show a hardship imposed by the Bylaw which is caused by a unique condition of the lot, or structure, and the hardship is owing to circumstances relating to the soil conditions, shape or topography of the land or structure and especially affecting the land or structures, but not affecting generally the zoning district in which it is located. Relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent or purpose of such ordinance or bylaw. The criteria for a Variance is very strict, you might want to look at all of your options before applying.
The Board receives correspondence and/or commentary from the public during the hearing process and considers these comments in rendering their decision. Letters received prior to the hearing will be read into the record. Prior to the hearing, you can view any plans or additional materials filed with the Board of Appeals at Town Hall or online (go to street address, then Board of Appeals) at the following link: bit.do/yarmouth
Once the matter has been decided, a decision is written and filed with the Town Clerk. After a 20-day appeal period, the applicant is notified that the certified decision is ready for pickup. Then, the applicant records the decision at the Barnstable County Registry of Deeds. The applicant returns a copy of the recorded decision to the Board of Appeals Office and the Building Department. The Building Department may not issue a building permit or occupancy permit without receiving a copy of the recorded decision.