Variance
A Variance (VAR) may be granted by the Board of Adjustment from a provision of the zoning ordinance in cases of extraordinary hardship. Variances are typically considered for the strict application of height, area, setback, yard, or parking requirements.
References:
- State Law: NDCC 40-47-07
- City Ordinance: Chapter 14-06
- Comprehensive Plan: G10(f)
Consider before you begin:
- The basis for a variance is extraordinary hardship, or when special circumstances exists within a property that do not generally apply to other properties in the area. Special circumstances can involve the size, shape, topography or general location, or when there is a physical constraint which is unique to a property.
- An extraordinary hardship is a characteristic of the property, not the person. Financial return, lack or knowledge or misinformation, intangible reasons, or conditions created by the applicant do not constitute a hardship.
- A variance does not expire and stays with the property, despite any changes in ownership.
Process Steps:
- Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines.
- Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to.
- Public Notification. Letters are sent to neighboring property owners.
- Board of Adjustment Meeting. A staff report is released the week prior on the agenda center, and staff present the request to the Board of Adjustment, who will approve or deny the variance request.
- Administrative Finalization. A signed resolution of the Board of Adjustment is kept on file with the Planning Division, and a copy is mailed to the applicant.
Submittal Requirements
- Unified Development application signed by owner(s) of property seeking variance
- Application fee (See fee schedule (pdf))
- Written statement of hardship (pdf)
- Site plan, at 1” = 20’ or larger scale, with dimensions
- Elevation of proposed structure(s), if required
Apply
Initiate an inquiry, submit a scoping request, or file an application for a variance or any combination of project types.
For additional information on variances, contact Jenny Wollmuth.