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Applying for a Zoning Variance in the City of Mesa

Jurisdiction: Mesa•Code Version: July 2025

Property owners in the City of Mesa may apply for a zoning variance to seek relief from specific development standards, such as setbacks or height limits, when unique physical circumstances of the land create an unnecessary hardship. The Mesa Zoning Ordinance strictly prohibits "use variances," meaning a variance cannot be granted to allow a land use that is not already permitted in the underlying zoning district. Approval requires a public hearing before the City of Mesa Board of Adjustment and a demonstration that the request meets four mandatory legal findings regarding the property's physical constraints.

Authority and Purpose

Variances in the City of Mesa are authorized as provided in Arizona Revised Statutes § 9-462.06. The Board of Adjustment is the primary body designated to hear and decide on variance applications, though the Zoning Administrator may act as a Hearing Officer for certain cases [Section 11-66-3, Section 11-66-7]. The primary goal is to provide a process for relief when the strict application of the Mesa Zoning Ordinance would deprive a property owner of privileges enjoyed by other properties in the same zoning district [Section 11-80-3].

The Application Process

Applying for a variance involves several mandatory steps governed by the common procedures of the City of Mesa Planning Division [Section 11-80-2, Section 11-67-1].

1. Pre-Application

Before a formal submittal, applicants must participate in a pre-application or pre-submittal conference. During this stage, the Planning Director or staff provides a preliminary review of the site plan and project narrative, identifying potential conflicts and submittal requirements [Section 11-67-2].

2. Formal Submittal

The applicant must file a formal application with the City of Mesa Planning Division, which includes:

  • A completed application form and all required fees [Section 11-67-2].
  • Graphic depictions (site plans and elevations) showing the nature of the requested deviation [Section 11-67-2].
  • A Citizen Participation Plan, which outlines how the applicant will notify and engage with neighbors regarding the proposed change [Section 11-67-3].

3. Public Notice

The City of Mesa requires that the public be notified of the pending variance request before the Board of Adjustment hearing. Notice must be provided at least 15 days before the hearing date through site posting and first-class mail [Section 11-67-5].

Application Type Mailed Notice Distance (Radius from Property)
Single residence, duplex, single lot RV, or manufactured home 150 feet
All other variance or special use requests 500 feet

Mandatory Findings for Approval

The City of Mesa Board of Adjustment cannot grant a variance based solely on personal preference or financial gain. The applicant must provide sufficient evidence to satisfy all of the following four criteria:

  1. Special Circumstances: There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings [Section 11-80-3(A)].
  2. Not Self-Created: The special circumstances are pre-existing and were not created by the property owner or the applicant [Section 11-80-3(B)].
  3. Deprivation of Privileges: The strict application of the Mesa Zoning Ordinance would deprive the property of privileges enjoyed by other property of the same classification in the same zoning district [Section 11-80-3(C)].
  4. No Special Privilege: Any variance granted will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone [Section 11-80-3(D)].

Prohibitions and Limitations

The City of Mesa strictly limits the scope of what a variance can accomplish:

  • Use Variances Prohibited: A variance shall not be granted to permit a use not otherwise permitted in the applicable zoning district [Section 11-80-4].
  • Conditions of Approval: The Zoning Administrator or Board of Adjustment may impose conditions on the approval to ensure the project remains compatible with the General Plan and protects the public health, safety, and welfare [Section 11-80-5].
  • Expiration: An approved variance expires and becomes void if not exercised within one year of the date of approval [Section 11-67-9].

Appeals

Decisions made by the Zoning Administrator acting as a Hearing Officer may be appealed to the City of Mesa Board of Adjustment [Section 11-66-3]. Any person aggrieved by a final decision of the Board of Adjustment may file a complaint for "special action" in the Superior Court within 30 days after the Board has rendered its decision [Section 11-67-12, Section 11-77-4].

Sections Cited

  • Section 11-66-3: Board of Adjustment
  • Section 11-66-7: Zoning Administrator
  • Section 11-67-1: Purpose (Common Procedures)
  • Section 11-67-2: Applications, Supporting Materials and Fees
  • Section 11-67-3: Citizen Participation
  • Section 11-67-5: Public Notice
  • Section 11-67-9: Expirations and Extensions
  • Section 11-67-12: Appeals
  • Section 11-77-4: Procedures (Appeals)
  • Section 11-80-1: Purpose and Applicability (Variances)
  • Section 11-80-2: Procedures
  • Section 11-80-3: Required Findings
  • Section 11-80-4: Use Variances Prohibited
  • Section 11-80-5: Conditions of Approval

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Applying for a Zoning Variance in the City of Mesa | Mesa Zoning Guide