Variance

A variance is a permit that allows for a departure from the required zoning standards of the Unified development Code (UDC). Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the following:

• Size, shape, or dimensions of a site
• Location of existing structures on the site
• Geographic, topographic, or other physical conditions on the site or in the immediate vicinity

Variances provide relief from the zoning requirements when these requirements can't be physically met because of the above-referenced conditions.

Applicability

A variance would be required for any development that, due to physical hardships, cannot meet the zoning standards of the Unified Development Code. Financial and / or economic hardships are not sufficient grounds for the granting of a variance.

Application Submittal Requirements

Signed Affidavit on the Pre-Application form Master Application Form Filing Fee Site Plan

Related Documents
Development Manual :: (multiple .pdf publications)

Review Process

A variance requires a public hearing before the Zoning Board of Adjustment. The following is an outline of the process from pre-application to the Board hearing:

• Pre-application Conference (required before formal application submittal)
• Formal Application
• Review for Completeness of Application
• Staff Review / Development Review Committee
• Preparation of Staff Report
• Zoning Board of Adjustment Hearing

In order for the Board to grant an approval of the variance there are six findings established by the UDC [Section 3.15.030 (A)] which must be met by the application. In summary, these findings are:

• Extraordinary Conditions There are extraordinary or special conditions affecting the site
• No Substantial Detriment Granting the variance would not be detrimental to other properties in the area . Other Property The conditions requiring the variance do not generally apply to other properties in the area
• Applicant's Action The conditions requiring the variance are not the result of the applicant's own actions
• Comprehensive Plan Granting the variance would not conflict with the Comprehensive Plan
• Utilization Application of the Code would unreasonably restrict the utilization of the property.

General Review Time

The Board of Adjustment meets the third Tuesdays of each month. Applications for the Board of Adjustment are cycled on a review time of approximately 3 weeks, which means that the public hearing would be held approximately 3 weeks from the date of application.

Appeal

An appeal of a variance approval may be filed within 10 days from the date of the Board's decision. The appeal must be filed with a Court of competent jurisdiction and must specify the grounds of the illegality of the Board's decision. An appeal may be filed by a person aggrieved by the decision, a taxpayer or an officer, department, board, or bureau of the municipality.