Standards for Hardship and Variance Approval in the City of Reno
To qualify for a variance in the City of Reno, an applicant must demonstrate an "undue hardship" resulting from extraordinary physical characteristics of the land—such as exceptional narrowness, shape, or topography—that were not caused by the applicant’s own actions. Under the City of Reno Land Development Code, variances cannot be granted based on financial hardship, personal preference, or mere inconvenience, and the requested relief must not be detrimental to the public welfare or surrounding property [Section 18.08.801].
Definition of Variance and Hardship
Within the City of Reno, a variance is a grant of relief from the specific zoning, development, or design standards of the City of Reno Land Development Code. It is intended to allow construction or land use in a manner that would otherwise be prohibited due to the unique physical circumstances of a property [Section 18.09.303].
The City of Reno distinguishes between "hardship," which is the standard for a variance, and a "major deviation." While a major deviation allows for adjustments of up to 50 percent of a quantifiable standard based on design benefits [Section 18.08.802], a variance is reserved for "extraordinary, exceptional, or unique situations" where strict adherence to the code would result in "peculiar and exceptional practical difficulties" [Section 18.08.801].
Criteria for Determining Hardship
The City of Reno Planning Commission or other decision-making bodies must make specific findings to determine if a legal hardship exists. The hardship must pertain to the land itself, rather than the individuals inhabiting it [Section 18.04.102].
Qualifying Physical Conditions
The following table outlines the physical conditions that the City of Reno recognizes as potential grounds for a variance:
| Qualifying Condition | Description |
|---|---|
| Extraordinary Shape | Exceptional narrowness, shallowness, or irregular shape of the specific parcel [Section 18.08.801]. |
| Topography | Exceptional topographic conditions existing at the time the regulations were enacted [Section 18.08.801]. |
| Peculiar Circumstances | Situations so unusual that the strict application of the City of Reno Land Development Code would result in exceptional hardship [Section 18.04.102]. |
Prohibited Grounds for Variance Approval
The City of Reno explicitly prohibits certain justifications from being used to establish hardship. These exclusions ensure that variances are not used as a tool for economic gain or personal convenience [Section 18.04.102].
Non-Qualifying Conditions for Hardship
The City of Reno considers the following conditions insufficient for the approval of a variance:
| Condition | Status under City of Reno Code |
|---|---|
| Financial Hardship | Specifically excluded if it is the sole reason for the request [Section 18.04.102]. |
| Personal Preference | The desires or choices of the property owner do not constitute hardship [Section 18.04.102]. |
| Inconvenience | General practical inconvenience is not considered "exceptional" [Section 18.04.102]. |
| Aesthetic Considerations | Design preferences or beauty-related concerns are excluded [Section 18.04.102]. |
| Physical Handicaps | Personal physical limitations of the applicant are not grounds for a land-use variance [Section 18.04.102]. |
| Neighbor Disapproval | The mere fact that neighbors might object to a standard design does not create a legal hardship for the applicant [Section 18.04.102]. |
Variance Findings and Limitations
Even if a physical hardship is proven, the City of Reno Planning Commission must ensure the variance meets the following supplemental standards before approval:
- No Material Detriment: The granting of the variance must not be materially detrimental to the public health, safety, or welfare, nor can it be injurious to property or improvements in the vicinity [Section 18.08.801].
- Consistency with Intent: The proposed variance must remain consistent with the general intent and purpose of the City of Reno Land Development Code [Section 18.08.801].
- No Change in Use: Decision-making bodies have no power to grant a variance that allows a "use" of land that is otherwise prohibited in the underlying zoning district [Section 18.08.801].
- Self-Imposed Hardship: A variance cannot be granted if the "extraordinary or exceptional situation" was caused by the applicant's own act or omission [Section 18.08.801].
- Pre-existing Violations: The fact that a building was already constructed in a non-conforming manner prior to the application cannot be used as a basis for granting a variance [Section 18.08.801].
- Fines for Violations: If a structure is currently in violation of the code, the City of Reno may condition the approval of a variance on the payment of a fine equal to ten percent of the value of the structure [Section 18.08.801].
Sections Cited
- Section 18.04.102 Flood Hazard Areas
- Section 18.08.304 Review and Action
- Section 18.08.801 Variance
- Section 18.08.802 Major Deviation
- Section 18.09.303 Temporary Uses (Definitions)