Variance

A variance is a modification from the literal application of the zoning ordinance when a proven hardship (referred to as the Five Findings) exists as specified in State statutes and the Town’s Zoning Code. Such examples may include (but, not limited to), a deviation of required setbacks or additional height to a structure.

Variance applications are heard by the Board of Adjustment (BOA), which is comprised of five (5) Oro Valley residents appointed by Town Council. Unlike other Town boards and commissions, the BOA is a quasi-judicial board with the authority to grant/deny requests, and their decisions are final (not passed on to Town Council).

The Town of Oro Valley acknowledges that private Covenants, Conditions, and Restrictions (CC&Rs) exist in many homeowner associations. Board decisions should not be interpreted to void any provisions of those documents.

Fees

As specified in the Oro Valley Zoning Code, all fees must be paid in full prior to processing your application. Please note: Fees are non-refundable, regardless of the Board’s decision.

  • Individual/homeowner(s) variance - $150.00 per item/lot
  • Developer/commercial variance - $600.00 per item/lot 
  • Any additional items/lots submitted with application - $100.00 per item/lot

Step 1: Formal submittal for staff review 

  • All applicable departments will review your submittal for code compliance within 10 business days. Additional revised submittals addressing staff comments may be required. Once all staff comments are addressed, the application will be scheduled for consideration by the Board of Adjustment. 
  • To avoid delays, applicants should ensure the submittal is complete. Incomplete submittals will be returned for additional information.
  • You can submit your formal application online through the customer portal under "Planning and Zoning" - "Zoning Variance."

  • Submit the information in the drop-down below online.  

Submittal requirements

All items must be submitted in PDF format. Please name PDF files in a self-explanatory manner such as “Document Type – Date.”

Narrative

  1. A narrative describing the provides explanatory and detailed answers to each of the Five Findings, as well as specifics between the current and proposed scenarios. 
  2. Findings. Explain in detail answers to each of the following Findings. It is the applicant’s responsibility to provide thorough details about the proposal, including any potential impacts to the neighborhood. Please do not include yes or no answers only. Each finding must be clearly addressed.
Findings that must be addressed with your application:

1.

 That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district
2. That special circumstances were not created by the owner or applicant
3. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights
4. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located
5. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

 

Site Plan

  1. Show the entire lot, including:
    • The lot lines for the property 
    • All streets identified and labeled
    • Location of the main house or building, including driveways and/or parking lot
    • Location of any existing accessory structures
    • Highlight areas which are the subject of the variance request and include the size, height, width, distance to property lines, as applicable.

     

Supporting Documents

  1. You may also submit any supporting documents, such as maps, photographs of the site, construction documents, etc. 
  2. A Letter of Authorization from the property owner (if applicant is acting as agent)

 

Step 2: Public Hearing process

  • Variances require approval by the Board of Adjustment. 
  • Both staff and the applicant are required to present to the board. 
  • Members of the public are invited and may speak at the public hearings.

Public Notification

All variance applications that have been scheduled for a BOA hearing require public notification (to be completed by Town staff), which includes: 

  • Notice sent to all property owners within a minimum 300-foot radius of the subject property, as well as any affected homeowner associations
  • Notice published in a local newspaper
  • Notice posted on the Town’s website and on the Town Hall campus
  • Notice sign posted on the subject property

Presentation

Staff Presentation 

  • Staff will provide a brief presentation to give an overview of the proposal and applicable code requirements.
  • Staff presentations typically include the following:
    • Quick overview of the request 
    • Location of the project
    • Background or history of the site 
    • Key zoning requirements (e.g., findings)
    • Summary and recommendation

Applicant Presentation 

  • The applicant and/or property owner will be expected to provide a PowerPoint presentation about their proposal and answer questions or comments during the public hearing.
  • Ultimately, it is the applicant’s responsibility to promote their proposal and show how it meets Town standards. At a minimum, presentations should include the following:
    • Details about the request
    • How the proposal complies with zoning requirements (e.g., findings) 
  • All presentations must be provided in “Widescreen” format in PPT and PDF.

Step 3: Decision and Next Steps 

  • A formal letter of the Board’s decision will be sent to the applicant within two (2) business days. Any person affected/aggrieved by the Board’s decision can file a complaint/appeal with the Pima County Superior Court within thirty (30) days of Board’s decision date.

Contact Us

Phone

520-229-4800

Email

planning@orovalleyaz.gov

Location

Economic Development and Public Works Building
11000 N La Cañada Drive
85737
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