The Board of Adjustment and Appeals has jurisdiction over any variance which is not closely related to a land use application requiring consideration by the Planning Commission and City Council. Any variance which is closely related to such a land use application shall be under the jurisdiction of the Planning Commission and City Council.

A variance from the requirements of the zoning ordinance may be granted where the following circumstances are found to exist:

• When the application for the variance establishes that there are practical difficulties in complying with the official control. Practical difficulties means the following:
  • The property owner proposes to use the property in a reasonable manner not permitted by an official control;
  • The plight of the landowner is due to circumstances unique to the property;
  • The circumstances were not created by the landowner;
  • The variance, if granted, will not alter the essential character of the locality; and
  • The problems extend beyond economic considerations. Economic considerations alone do not constitute practical difficulties.
• It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the chapter and when the variance as requested is consistent with the comprehensive plan.
• The request is not for a use variance.
• Conditions to be imposed by the Board of Adjustment and Appeals must be directly related to and must bear a rough proportionality to the impact created by the variance.
• Variances in the Floodplain Overlay Zone also shall meet the following criteria listed in City Code 151.015.

How to apply

1. Register for an account on our ePortal for permits and licenses.
2. Submit your application and any supporting documentation within the ePortal.
3. Pay application fees, if applicable, in the ePortal using credit card or electronic check.

Additional submittal requirements

• Paid application fee and recording fee, payable within the ePortal.
• Evidence of ownership or an interest in the property.
• A site plan at a scale large enough for clarity showing the following information:
  • Location and dimension
• Such other information as may be required by the city.
• The city will provide mailing labels for residents within 500 feet of project property. Applicant (except single family applications) will be expected to mail out notices and conduct a neighborhood meeting at least two weeks prior to a public hearing at City Council meeting. 

More information is available in the variance application information handout [PDF].

Variance review process

1. Application received by city
2. Public hearing scheduled IF application is deemed complete by staff
3. Staff and outside agencies review application
4. Staff prepares memo and recommendation(s)
5. Public hearing held at Board of Adjustment and Appeals
6. Decision determined or tabled