Administrative adjustments and variances

Project plans must be submitted so that zoning staff may complete a full review of the entire project. For those projects where you know your project will violate zoning regulations, and you plan to request an administrative adjustment or zoning variance, you must still submit a complete application and plans for a full review first.

If after submitting your plans, you learn that your project does not meet zoning requirements, you may either revise the project to comply with the zoning code, request an administrative adjustment from staff (for a minor exception to the code), or request a zoning variance from the Board of Adjustment. 

An administrative adjustment or variance may be appropriate for the following:

• When a permit is denied because a project does not meet zoning requirements due to an unusual hardship.

If you believe that zoning review staff erred in interpreting or applying the zoning code’s standards, you may seek an appeal from the Board of Adjustment. Actions of the zoning administrator, zoning permitting staff, or zoning inspectors may be appealed to the Board.

An appeal may be appropriate for the following:

• Zoning permits issued or denied based on an error in interpreting/applying the zoning code,
• A zoning enforcement order to cease and desist,
• Any other kind of zoning enforcement action, or
• A formal written code or use determination (e.g., a determination to allow an unlisted temporary use or a home occupation).

Apply for an administrative adjustment through your assigned project reviewer. Your reviewer will advise you on what to submit (typically a letter and narrative detailing the request, with additional evidence of the justifying hardship). An administrative review fee will apply. Most administrative adjustment decisions are made within two weeks.

For variances or appeals, once your project reviewer has made a decision to deny based on a zoning violation, inform the reviewer of your decision and obtain an “informal denial” form from the reviewer to submit to the Board of Adjustment. Appeals must be submitted within 15 days of the project reviewer’s decision. Variance requests may be submitted at any time.

If the appeal or variance request relates to the denial of a zoning permit for construction, you must also submit two copies of a scaled site plan, floor plan and elevation drawings to the Board.

Once a zoning decision is appealed, any action of the zoning administrator or staff directly related to the appeal is stayed until the Board hearing.

An incomplete submittal will not be accepted for filing for a hearing date.