Variance Processes

If there is something contained in the zoning ordinance or the subdivision ordinance that would become a hardship if applied to a certain property it can be considered for a variance. The hardship must be something that exists because of characteristics of the property itself (i.e. shape of the tract with no ability to acquire more property; water features running through the tract, etc.). A hardship cannot be considered if it is only financial in nature (i.e. decreases the number of lots that can be developed or costs more) and it cannot be self created.

A variance to any provision of the zoning ordinance can only be heard by the Board of Zoning Adjustments. They are a quasi-judicial board and their decisions can only be appealed to District Court. They meet only as needed and generally will meet after the regularly scheduled Planning & Zoning Commission meetings held the 3rd Monday of each month. The membership is made up of the Planning & Zoning Commission members plus two alternate members to help ensure a full panel for voting as a decision by this board also requires a four/fifths vote for approval.

A variance to any provision of the subdivision ordinance or other ordinances that allow for variances generally are heard by the Planning & Zoning Commission and receive a recommendation to the City Commission for their final action.