Variances

What Is a Variance?

A variance is permission to depart from a requirement in a city ordinance or regulation. It may be granted when special conditions mean that applying the rule exactly as written would cause an undue hardship, and when the relief would not harm the public interest.

The applicant must prove a hardship. A genuine hardship exists only when something unique or unusual about the property itself keeps the owner from meeting the regulations. The owner's personal needs or preferences do not count; the hardship must relate to the land, and it cannot be one the owner created.

The City Council decides certain kinds of variances, while the Zoning Board of Adjustments and Appeals decides others.

Types of Variances

• Fence exceptions*
• Parking exceptions*
• Alcohol variances*
• Unified signage plans*
• Commercial and residential variances, which go to the Zoning Board of Adjustments and Appeals

*These steps apply to alcohol variances, fence and parking exceptions, and unified signage plans.

Step 1: Schedule a Pre-Application Meeting (Unified Signage Plans Only)

Unified signage plans require a pre-application meeting; the other variance types do not. In this informal meeting, city staff help you get your application ready for the Planning Division and point out any major issues your project might run into once it is submitted.

Staff hold pre-application meetings online by video conference every Thursday, starting at 8:30 a.m. Each session is 30 minutes long.

Schedule a meeting

Step 2: Apply

All variance applications are filed through the city's online permit portal. If you are new to the portal, you will need a working email address to register; creating an account takes about five minutes.

For help with your online application, reach the Planning Division by phone at (555) 010-8724 or visit the office.

What Happens Next?

Alcohol variances go to the Development Review Committee and then the City Council. Every other variance type is reviewed by the Development Review Committee, the Planning and Zoning Commission and the City Council.

Requirements

Your first submittal must include:

• A signed, notarized Agent Authorization Form (PDF, 274 KB)*
• A detailed site plan*
• A tax statement*
• The completed application and the application fee (once staff confirm your submittal is complete, they will email an invoice for the fee)

*Upload these items as part of the online application.

Fees

Variance fees are listed in the fee schedule of the city's Unified Development Code (PDF, 621 KB). The online permit portal also includes a fee estimator.

After you apply, Planning staff will check that the application is complete and then send an invoice for the fee.

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