Apply for a Variance or file an appeal

Do you need a modification to zoning standards that apply to your property? Are you an aggrieved party appealing an administrative decision or zoning interpretation? Read more about the variance and appeals process below.

 

 

Process Steps

Step 1.Review the variance or appeal requirements 

  • All variance requests are decided based on five main criteria in Section 22.13 of the Zoning Code.
  • Appeals from administrative decisions are explained in Section 22.12. Appeals from interpretations are explained in Section 21.6.G.

Step 2.Submit a formal application online

  • All items must be provided in PDF format. 
  • Submit a formal application online through the customer portal with all required contents from the Variance and Appeals Guide(PDF, 239KB).  You can find the variance application under "Planning and Zoning" - "Zoning Variance." You can find the appeal application under "Planning and Zoning" - "Zoning Appeal." If you are new to the Town's customer portal, you will need to sign-up first. A short video about the customer portal is available HERE.
  • All fees must be paid upon submitting. Reviews will not begin until all fees are paid. Fees may be paid online. 

Step 3.Staff review

  • All applicable departments will review your submittal for code compliance.
  • Staff comments will be provided within 10 working days of a complete submittal.
  • A revised application addressing staff comments may be required and can be resubmitted online. Additional revised submittals may be necessary if code issues are not adequately addressed.
  • Once all staff comments are addressed, the application will be scheduled for consideration by the Board of Adjustment. 

Step 4.Present and answer questions at the Board of Adjustment Public Hearing

  • Variances and appeals are considered by the Board of Adjustment. 
  • Staff will provide a report regarding General Plan and Zoning Code compliance and any neighborhood mitigation measures prior to the meeting
  • A staff presentation will be provided outlining the proposed application followed by staff’s recommendation
  • You will be provided an opportunity to present their application. For more information and to prepare for your presentation, please click HERE(PDF, 98KB).
  • The general public, including neighbors, will similarly be provided an opportunity to speak during the public hearing

Any decisions made by the Board of Adjustment can be appealed to the Pima County Superior Court within a certain time frame. Please review the Variance Process Guide(PDF, 314KB) for more information.