Zoning Variance Application Process in the City of Arlington
To obtain a zoning variance in the City of Arlington, an applicant must demonstrate an unnecessary hardship that is not self-created or purely financial to the Zoning Board of Adjustment. The process involves a mandatory pre-application meeting, followed by a formal application to the Planning and Development Services Department, and requires public notification at least 11 days prior to a quasi-judicial public hearing. Approved variances generally expire if progress on the project is not made within two years of the approval date.
Application Initiation and Requirements
The process for a zoning variance under the Arlington Unified Development Code begins with the submission of a complete application to the Planning and Development Services Department [Section 10.3.3.A]. Applications may be initiated by the property owner or an agent, lessee, or contract purchaser specifically authorized by the owner [Section 10.3.3.A].
Before a formal application can be accepted, the City of Arlington requires a mandatory pre-application meeting [Section 10.3.4.B]. This meeting allows City staff to discuss the proposal, review the Arlington Unified Development Code requirements, and identify potential issues before the applicant makes a substantial investment [Section 10.3.4.C].
Completeness Determination
Once submitted, the Zoning Administrator has 10 business days to determine if the application is complete [Section 10.3.5.C.1]. If the application is deemed incomplete, the Zoning Administrator will provide written notice of the deficiencies. If the required information is not provided, the application expires 45 days after the initial filing date [Section 10.3.5.C.3].
Public Notification Requirements
Variances require multiple forms of public notice to ensure surrounding property owners in the City of Arlington are informed of the requested changes to the Arlington Unified Development Code standards.
| Notice Type | Requirement | Timing |
|---|---|---|
| Published Notice | Official newspaper publication [Section 10.3.6.B] | At least 11 days before hearing |
| Written (Mailed) Notice | To owners within 200 feet of the property [Section 10.3.6.C] | At least 11 days before hearing |
| Posted (Sign) Notice | Signs posted on the subject property [Section 10.3.6.D] | At least 11 days before hearing |
For posted signs, the number of signs required depends on the size of the tract:
- Less than 15 acres: 1 sign
- 15 – 25 acres: 2 signs
- More than 25 acres: 3 signs [Table 10.3-1]
Zoning Board of Adjustment Review
The Zoning Board of Adjustment (ZBA) holds the authority to grant variances to the Arlington Unified Development Code [Section 10.4.7.B.1]. The board conducts a quasi-judicial public hearing to review the application and the recommendation provided by the Zoning Administrator [Section 10.4.7.F.1].
Approval Criteria
The Zoning Board of Adjustment will only approve a variance if it finds that strict application of the code results in an unnecessary hardship due to the property's restrictive area, shape, or slope [Section 10.4.7.G.1]. The board considers the following when evaluating a request:
- The variance must be necessary to permit development commensurate with other parcels in the same City of Arlington zoning district [Section 10.4.7.G.1].
- The hardship cannot be self-created or personal [Section 10.4.7.G.1].
- The hardship cannot be based solely on financial reasons [Section 10.4.7.G.1].
- The variance must observe the spirit of the Arlington Unified Development Code and ensure substantial justice is done [Section 10.4.7.G.1].
Post-Decision Procedures
Scope of Approval and Expiration
A variance granted in the City of Arlington expires if no progress is made toward the completion of the project within two years after approval [Section 10.3.10.A.1]. However, a project will expire regardless by the fifth anniversary of the date the first permit application was filed [Section 10.3.10.A.2]. The Zoning Administrator may grant a one-time extension of up to 12 months for good cause [Section 10.3.10.B.1].
Reapplication and Appeals
If a variance application is denied by the Zoning Board of Adjustment, no new application for the same or substantially the same request may be submitted for that property for at least six months [Section 10.4.7.H.1]. This limitation may be waived if the City Council or ZBA takes action that significantly alters the conditions upon which the previous denial was based [Section 10.4.7.H.2].
Any person aggrieved by a decision of the Zoning Board of Adjustment regarding a variance may appeal the decision to a court of record within 10 days of the date the decision is filed [Section 10.4.7.J].
Sections Cited
- Section 10.3.3 Initiation
- Section 10.3.4 Pre-Application Conference
- Section 10.3.5 Completeness Determination
- Section 10.3.6 Public Notice
- Section 10.3.10 Scope of Approval
- Section 10.4.7 Zoning Variances and Appeals
- Table 10.2-1 Summary Table of Review Procedures
- Table 10.3-1 Notification Signs
- Table 10.3-2 Summary Table of Notice Requirements