Variances and Appeals

If a lot split application is denied by the Ashland County Planning Department, the following may be sought:

1. Variance (click here for variance application):This may be sought when an applicant wishes a split to be approved despite the split's failure to meet all regulations. An application for a variance must be submitted to the Planning Department. The application will then be reviewed at the next monthly Ashland County Planning Commission meeting. Attendance of the applicant is strongly encouraged. Please read the following concerning variances:

Section 330, Ashland County Subdivision Regulations: Any variance sought to relax the requirements of Sections 300-325 inclusive of these Regulations shall be in accordance with Section 902, Variances. Any application for Variance to said sections of these regulations shall be reviewed by the Subdivision Review Committee for a recommendation on the variance to the entire Commission. If a township zoning variance is also required for a Type 1a or Type 1b Subdivision, such variance shall be applied for and approved by the relevant township prior to being accepted by the County Planning Commission.

Section 902, Ashland County Subdivision Regulations: The following regulations shall govern granting of variances:

  1. Where the Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, due to exeptional topographical or other physical conditions, it may vary the regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and community. Such variations shall not have the effect of nullifying the intent and purpose of these regulations, the Comprehensive Plan, or a zoning regulation, if such exists.
  2. In granting variances or modifications, the Commission may require such conditions as will, in its judgement, secure substantially the objective of the standards or requirements so varied or modified.
  3. Any variance granted shall be entered in the minutes of the Commission, setting forth the reasons which justify said variance.
  4. A fee as specified in Section 904 of these regulations shall be paid to the Commission upon filing for a variance.
  5. Corners of proposed lot need to be flagged prior to filing of application for variance. The owner's attendance at the County Planning Commission meeting where variance is considered is recommended. 

2. Appeal: This may be sought when seeking a variance is not appropriate (i.e. no regulations need to be "varied" in order to receive approval) and the land owner does not agree with the Planning Department's decision. An appeal may be submitted in the form of a letter explaining the intentions and supporting argument of the person requesting the appeal. The request will be reviewed at the next monthly Ashland County Planning Commission meeting. Please read the following concerning appeals:

Section 331, Ashland County Subdivision Regulations: An applicant who has been denied approval for a Type 1a or 1b (lot split) may, within thirty (30) days, file an appeal with the full Commission. Within thirty (30) days of the filing of the appeal, the full Planning Commission will review the action and approve or disapprove the decision of the Director.

Published on  06.02.2019