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How to Apply for a Zoning Variance

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How to apply for a variance:


  1.  All applicants submit a completed variance application. All questions must be answered correctly and completely. Click here to access the Zoning Variance Application.

  2. All neighbors within a 300 foot radius of the proposed location must write their names with signatures and dates of the application;

  3. Submit a site plan with parking spaces, floor plan, lease agreement (if leased) or some form of legal land ownership if communally owned (a notarized letter signed by the Sa’o);

  4. Pay the zoning fee of $10.00 at the Revenue Office. Receipt must be attached to the application.

  5. DOC staff acknowledges receipt of complete application by zoning stamp.

Zoning Board Process:


  1.  All applications for review must first be published at least one (1) time within 10 days of scheduled hearing;

  2. The Board meets on a monthly basis to review variance applications, provided there is a quorum;

  3. A decision is voted on when the Board determines that a variance is necessary to make possible a reasonable use of land or a building, or that the refusal of a variance would impose a hardship, and that the variance would not be injurious to the neighborhood;

  4. The Board may impose conditions in which the applicant must comply with. These conditions will be stated in the decision.

  5. A formal decision will be prepared by DOC staff for both the applicant and the Chairman to sign off on;

  6. Once the decision is signed by both the applicant and the Chairman, the original is given to the applicant in person;

  7. Upon receipt of the decision copy, the opposing party has ten (10) days to file a written motion for reconsideration of the decision;

  8. Upon receipt of the written motion for reconsideration, it is presented to the Board to act on (26.0341 ASCA)

  9. The Board upon further review may uphold, amend, modify or reverse the original decision based on any new evidence or information submitted in support of the reconsideration motion;

  10. If the Board approves a new decision or upholds the original decision, the applicant and the opposing party are advised and/or given a copy each of the new decision when signed.

 

Check List:


  1.  A completed Variance Application (with Zoning Stamp) – updated December 2015;

  2. Site Plan (current);

  3. Parking Plan;

  4. Floor Plan (optional);

  5. Copy of Lease Agreement (Registered with Registrar’s Office)/Communal Land Approved Letter;

  6. Zoning Fee Receipt of $10 (to be paid at Revenue Office)

  7. Applicant’s Signature on Decision Letter


For questions about Zoning, please contact the Zoning Administrator, Faau Seumanutafa at faau.seumanutafa@doc.as or (684) 633-5155 ext. 227, or Tammie Taylor at tammie.taylor@doc.as or (684) 633-5155 ext. 239

Permanent link to this article: http://doc.as.gov/planning_grants/how-to-apply-for-a-zoning-variance/