Variance
Reno Annexation and Land Development Code § 18.08.801
in effect18.08.801 - Variance
(a) Purpose This section describes the process by which requests for exception to compliance with the land development standards are reviewed for compliance with this Title and that potential impacts are considered.
(b) Applicability Variances are exceptions to compliance with the land development standards found in this Title. Variances are intended to alleviate exceptional practical difficulties or undue hardship arising from the strict application of the provisions of this Title to a specific property. Variances address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(c) Application Submittal and Review Procedures Figure 8-21, below, identifies the applicable steps from Article 3, Common Review Procedures that apply to the review of requests for variance from the land development standards of this Title. Additions or modifications to the common review procedures are noted below.
Figure 8-21: Summary of Variance Procedures
[image omitted; see the official code]
(1) Application Submittal and Handling Variance applications shall be initiated by the property owner and be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 18.08.303, Application Submittal and Handling.
(2) Staff Review and Action The Administrator shall review variances and provide a recommendation to the Planning Commission.
(3) Scheduling and Notice of Public Hearing The application for variance shall be scheduled for a public hearing before the Planning Commission and noticed in accordance with Section 18.08.305, Scheduling and Notice of Public Hearings.
(4) Review and Decision The Planning Commission shall hold a public hearing within 65 days of the date of application and shall either approve or deny the application for variance within 30 days from the date of the hearing in accordance with Section 18.08.306, Review and Decision.
(5) Appeal The decision of the Planning Commission may be appealed in accordance with Subsection 18.08.307(j), Appeal.
(6) Modifications and Limitations All common procedures in Section 18.08.307, Post-Decision Actions and Limitations, shall apply.
a. Time Limitations and Extensions
1. Time Limitations
[a] Variances that accompany tentative maps shall be valid as long as the tentative map is valid.
[b] The owner or developer shall apply for a building permit for the entire project within 18 months of the date of approval of the variance application and maintain the validity of that permit, or the variance approval shall be null and void unless a different time limitation was established at the time of final approval based on the characteristics and complexity of the project.
2. Extension by the Administrator
[a] The Administrator may extend the time limit by up to 12 months if a request is received prior to the expiration of the time limit to apply for a building permit under a variance, provided that:
i. The applicant agrees to comply with all requirements of this Title and all conditions of approval; and
ii. The applicant agrees to pay all applicable fees.
[b] No more than one administrative time extension shall be approved for any project or project phase.
3. Extension by the Planning Commission
[a] The Planning Commission may extend the time limit by six additional months if an application is received by the Administrator 45 days prior to the expiration of the extension granted by the Administrator, and the Planning Commission approves a schedule indicating that the applicant will apply for a building permit for the entire project or the relevant phase within the six-month extension.
[b] In reviewing any such extension request, the Planning Commission shall consider the continued appropriateness of the project in the approved location and may add conditions to ensure that the project does not adversely impact other properties and to protect the public interest.
[c] No more than one six-month time extension shall be approved for any project or project phase.
(d) Findings
(1) In addition to meeting the approval criteria in Section 18.08.304(e), Approval Criteria Applicable to all Applications, the following findings shall be made prior to granting a variance:
a. The property is characterized by an extraordinary or exceptional situation or condition, such as exceptional narrowness, shallowness, or shape, or it has exceptional topographic conditions at the time of enactment of the regulations;
b. The strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of the property;
c. Granting of the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the vicinity; and
d. The proposed variance is consistent with the intent and purpose of this Title per Chapter 18.01 Article 2, Purpose.
(2) In granting variances, the decision-making body shall have no power to take action which has the effect of allowing a use of land in contravention of the applicable zoning district or which in any other way changes the applicable zoning district. Any action that has in effect changed the zoning district shall be deemed a violation of powers of this section and be of no force and effect.
(3) The fact that a building exists or was constructed or expanded in a manner which does not conform with this Title prior to the consideration of a variance application may not be used as a basis for the granting of a variance.
(4) Where the variance pertains to an application marked as a First Amendment application by the applicant, the Planning Commission shall consider the following in lieu of Subsection (1)(c), above:
a. Granting the variance will not be materially detrimental to property or improvements in the vicinity.
(e) Conditions
(1) In approving a variance the decision-making body may require conditions under which the lot or parcel may be used, or the building constructed, which, in the decision-making body's opinion, will prevent material damage or prejudice to adjacent properties, and provide suitable safeguards to the public health, safety and general welfare. These conditions may include:
a. Architectural considerations;
b. Access provisions;
c. Off-street parking;
d. Landscaping requirements; or
e. Other controls.
(2) All conditions must be satisfied and violation of the conditions shall result in revocation of the permission granted by the variance. Further use shall constitute a violation of this Chapter and shall be enforceable under Chapter 1.05, Code Enforcement.
(f) Construction Prior to Approval If a structure exists or is under construction in violation of the provisions of this Title, the decision-making body, in granting a variance for the property, may condition such approval upon the payment of a fine of ten percent of the value of such structure, as determined by the Administrator in accordance with current practices for assessing building permit fees.
(Ord. No. 6692, § 1(Exh. A), 1-8-25)
Source: City of Reno, Nevada, Administrative Code, City Charter and Annexation and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/nv/reno/codes/land_development_code?nodeId=CH18.08ADPR_ART8FLRE_18.08.801VAFetched: 11/1/2026