Variances

In accordance with State Statute, an applicant may seek from the Development Review Board a variance from the regulations set forth in the Land Use and Development Regulations, provided certain criteria are met.  Use the Application to Development Review Board to file a variance request.  Section 10.6 –Variances – of the Land Use and Development Regulations outlines the criteria that must be met in order for the Development Review Board to grant a variance.

In summary, ALL of the criteria set forth below must be met.

Conditions for obtaining a variance:

  • The hardship must be created by the unique physical circumstances or conditions peculiar to the particular property.
  • Because of these circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the municipal zoning regulations.
  • The hardship has not been created by the applicant.
  • The variance requested will not alter the essential character of the neighborhood.
  • The variance requested is the minimum variance necessary to afford relief.

All applications for a variance must include a written memorandum detailing evidence supporting a positive finding by the Development Review Board on all conditions set forth above.

For full details please view Section 10.6  VARIANCES – of the Bennington Land Use and Development Regulations.

THE INFORMATION ON THIS WEBSITE IS OFFERED AS A GENERAL GUIDE TO LAND USE PERMITTING IN BENNINGTON.  PLEASE CALL THE BENNINGTON PERMITTING DEPARTMENT AT 802-442-1037 REGARDING SPECIFIC QUESTIONS AND ISSUES REGARDING BENNINGTON LAND USE PERMITS.

ALL APPLICANTS FOR A PERMIT FOR COMMERCIAL PROJECTS SHOULD CONTACT THE TOWN’S PLANNING DIRECTOR AND BUILDING INSPECTOR FOR AN INFORMAL REVIEW OF THE PROJECT BEFORE ANY PERMIT APPLICATIONS ARE SUBMITTED TO THE TOWN.