Zoning Variance Procedures in the City of Reno
To apply for a zoning variance in the City of Reno, a property owner must submit a completed application and fee to the Administrator, who then provides a recommendation to the Planning Commission for a public hearing held within 65 days. Approval requires demonstrating that the property has extraordinary physical conditions, such as exceptional narrowness or topography, that create undue hardships under the strict application of the City of Reno Land Development Code. If approved, the property owner must typically apply for a building permit within 18 months or the variance will expire [Section 18.08.801].
Purpose and Applicability
A variance is a grant of relief from the requirements of the City of Reno Land Development Code that permits construction in a manner that would otherwise be prohibited. These are intended to alleviate exceptional practical difficulties or undue hardship arising from the strict application of the code to a specific property due to extraordinary, exceptional, or unique situations not caused by the applicant [Section 18.08.801].
Variances cannot be used to allow a land use that is otherwise prohibited in a zoning district or to change the underlying zoning of a property. Additionally, the fact that a building already exists in violation of the City of Reno code cannot be used as a basis for granting a variance [Section 18.08.801(d)].
The Application and Review Process
The City of Reno utilizes a standardized review process for variances, involving both administrative review and a quasi-judicial hearing before the Planning Commission.
1. Initiation and Submittal
A variance application must be initiated by the property owner. The application is submitted to the City of Reno Administrator on forms established by the City, and all applicable fees must be paid at the time of filing [Section 18.08.801(c) and Section 18.08.303].
2. Administrative Review
The Administrator reviews the application for completeness and compliance. Once deemed complete, the Administrator prepares a staff report and provides a recommendation to the City of Reno Planning Commission [Section 18.08.801(c)].
3. Public Noticing
Before the Planning Commission can hear the request, the City of Reno must provide public notice. The noticing requirements for a variance are as follows:
| Notice Type | Requirement |
|---|---|
| Published | Required in a newspaper of general circulation at least 10 days before the hearing [Section 18.08.305]. |
| Written | Mailed to all property owners within 750 feet of the project boundary and a minimum of 30 separate property owners [Table 8-1]. |
| Posted | On-site notice signs must be posted by the applicant at least 10 days before the hearing [Section 18.08.305]. |
4. Planning Commission Hearing and Decision
The Planning Commission must hold a public hearing within 65 days of the application date. The Commission is required to approve or deny the variance within 30 days following the opening of the hearing [Section 18.08.801(c)].
Required Findings for Approval
For the City of Reno Planning Commission to grant a variance, the following four findings must be made based on evidence in the record:
- Extraordinary Conditions: The property is characterized by an extraordinary situation, such as exceptional narrowness, shallowness, shape, or exceptional topographic conditions [Section 18.08.801(d)].
- Exceptional Hardship: Strict application of the City of Reno regulations would result in peculiar and exceptional practical difficulties or undue hardships upon the owner [Section 18.08.801(d)].
- No Public Detriment: Granting the variance will not be materially detrimental to the public health, safety, or welfare, nor will it be injurious to property or improvements in the vicinity [Section 18.08.801(d)].
- Consistency with Purpose: The proposed variance is consistent with the intent and purpose of the City of Reno Land Development Code [Section 18.08.801(d)].
Post-Decision Actions and Appeals
If the City of Reno Planning Commission approves the variance, they may attach conditions to the approval, such as architectural considerations, off-street parking requirements, or specific landscaping standards [Section 18.08.801(e)].
Appeals
Any person aggrieved by the decision of the Planning Commission may appeal to the Reno City Council. The appeal must be filed with the City Clerk within 10 working days after the filing of the notice of the final action [Section 18.08.307(j)].
Expiration
Approved variances are subject to the following time limitations:
- Building Permit Requirement: The owner must apply for a building permit for the entire project within 18 months of the approval date. Failure to maintain a valid permit will render the variance null and void [Section 18.08.801(f)].
- Extensions: The Administrator may extend the time limit by up to 12 months upon request. The Planning Commission may grant an additional six-month extension if the applicant is prepared to apply for a building permit within that timeframe [Section 18.08.801(f)].
Sections Cited
- Section 18.08.303 Application Submittal and Handling
- Section 18.08.305 Scheduling and Notice of Public Hearings
- Section 18.08.307 Post-Decision Actions and Limitations
- Section 18.08.801 Variance
- Table 8-1 Summary Table of Review Procedures