Please be aware that to obtain a variance, State law and the local ordinance require that the variance meet the following criteria:

1.    There must be something extraordinary and exceptional about your property because of its size, shape, or topography that causes you to need a variance. 

2.    The Zoning Ordinance (setbacks, height limitations, etc.) creates an unnecessary hardship, not self-imposed, that causes you to need a variance.

3.    The conditions causing you to seek a variance are peculiar only to your property.  (Your property is different from neighboring property.)

4.    The variance, if granted, will not cause a problem to the public or cause another property to be in violation of the Zoning Ordinance.

Applicants must attach the following to complete their application:

  - A plat of the property, drawn to scale, showing dimensions of the property and distances of all existing and proposed buildings to the property lines.  (An example can be found on the back.)  Note:  City staff cannot draw this for you.

  - A drawing showing the applicant’s property in relation to the nearest street intersection – this drawing does not need to show dimensions or be drawn to scale.

  - A statement, written by the applicant or the applicant’s agent, but not by city staff:

  - Explaining why the variance is being requested (in what way does it meet the four criteria above).

  - Providing contact information such as email address, telephone numbers, postal address of the applicant.

  - The statement must be signed and dated by the applicant.

  - If your variance will be in the front setback, provide a list of the names and addresses for owners or occupants of all adjacent property or properties within a 300-foot radius of the proposed variance.  If the variance will only affect the side or rear setbacks provide names and addresses of your nearest neighbors.  This information may be obtained from the Texas County clerk.

  - Payment of the application fee of $250.00

The above documents and information must be given to the City Clerk for processing.  Once the documents have been verified the board will hear the case at their next available session.  Applicants will be advised of the date, normally within 30 days of filing but not within 10 days.

No variance may be granted for the use of land or the use of a structure that is prohibited by the Zoning Ordinance.