Variances

Regulations

Individuals seeking a City Variance and County Variance from the strict interpretation of the Zoning Regulations, may appeal to the City or County Board of Adjustment. The applicant must demonstrate that approval of the variance will not be contrary to the public interest and that the literal enforcement of the provisions of the chapter would result in unnecessary hardship.


Variances that ask for a use not permitted in the zoning district cannot be granted. Typical variances requested include smaller setbacks than required, greater building height, or greater lot coverage than normally allowed.

Variances Reviewed under: ORD. NO. 97-5048, § 13, 12-22-97


(d) City board of adjustment action. The city board of adjustment, before it grants a variance shall determine: 
(1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district; 
(2) That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district; 
(3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land in the same district; 
(4) That the granting of the variance will be in harmony with the general purpose and intent of this chapter and with the comprehensive plan; 
(5) In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this chapter; 
(6) The board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and 
(7) Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district. 

APPLY ONLINE:

To apply for the Variance you will do this through Citizen Access . 

  1. Select “New User” to register your email address (if you do not already have a login).
  2. Log back in and select “Create Personal Account” from the green buttons on the left.
  3. Then select “Apply for Project”.
  4. When filling out the application, the permit (project) type will be “PZX-XXXXX” (VARIANCE-CITY (OR COUNTY) COMMERCIAL OR RESIDENTIAL)
  5. HINT: For the address, ONLY add the street number (ex 123) and the street name (ex Main) but DO NOT add the suffix (ex St, Rd or Ave), then hit SEARCH in the left corner, before you hit next.
  6. Once you hit FINISH, then you will go to the “home” page and select “Pay Fees” from the green buttons.
  7. You will need to upload the following attachments;
      • Application completed & signed by property owner (City Var Application Form)  (County Var Application Form)
      • Site Plan
      • Answer the following questions:
        1.  What reasons prevent you from using this property in conformance with the Zoning Regulation requirements?
        2.  Why is there a need for the intended use of the property at this location?
      • Prepare a written statement addressed to the Chairperson of the Board of Adjustment. State what is intended to be done with the property, including new construction or change in the use of the property, and why the variance is being sought.

       8.  Dimensioned site plan; one full size, and one reduced.  1”= 40’ Scale.  If applicable, site plan must include;

      1. North arrow.
      2. The locations and dimensions of all vehicular points of ingress and egress, drives, alleys, and off-street parking spaces.
      3. Illustrate lot size showing lot line dimensions.
      4. The locations and dimensions of all existing and proposed buildings, structures, and improvements including those to be removed.  Please label all information.
      5. Show setbacks from all property lines for existing and proposed buildings.
      6. Show the centerline of major and minor arterial streets.
      7. Illustrate the square footage of existing and proposed buildings and structures.
      8. Names and locations of adjacent streets, alleys, properties, etc.
      9. Illustrate the height of any proposed structures.
      10. Other pertinent features.

Photographs may be submitted and are often helpful. They should be of a size adequate to show the nature of the property.

The radius map showing all property which lies within 150 feet (or more) of the exterior boundaries of the subject property (Provided by Staff)

    • Along with the above map showing all property which lies within 150 feet (or more) of the exterior boundaries of the subject property; 
    • Obtain a certified list of names and addresses of the owners of all property shown within the radius on the map as provided by the Planning & Community Services Department.
    • The certified list and map.
    • This list of names and mailing addresses placed on gummed mailing labels typed or neatly printed.

Please use the checklist to ensure you have a complete application submittal and upload with your required documents.  

(City Var Checklist)  (County Var Checklist)

We will start reviewing your request once payment has been received. Please call us at (406) 657-8247 if you have any issues with this portal.  Once this is complete you can contact the Planning Office to set up your pre-application submittal review. We can do the review over the phone or in a virtual format.