All districts
Variances go to the Board of Zoning Appeals. The BZA has seven members: one City Council ex officio member and six appointed by the mayor with Council confirmation. Quorum is four, and a decision in the applicant's favor needs a majority of the full membership. A use variance needs a two-thirds concurring vote (Sections 19.02, 19.03).
- Non-use variances use the practical difficulties standard: special conditions peculiar to the land, deprivation of rights commonly enjoyed, a problem not self-created, no special privilege, and the minimum variance that resolves the difficulty (Section 19.07).
- An appeal must reach the BZA within 30 days of the decision; for public-body decisions, 30 days from approval of the minutes (Section 19.09).
- A variance expires in 1 year unless construction begins (Section 19.05.B). A denied application faces a 1-year resubmission bar (Section 19.09).
- The BZA hears appeals from the CED Director, the Building Department, and the Planning Commission, except special land use and PUD decisions (Section 19.04.D).
- The CED Director determines the site plan review track (Sections 9.03, 9.07). Fences, accessory dwellings, one- and two-unit dwellings, and signs go through the Building Department administratively. Special land uses and PUDs go to the Planning Commission, and special land uses are decided by City Council after the Planning Commission's hearing (Section 10.03.A).
For hearing dates, check the city's posted meeting schedule.