Jefferson City Zoning Code
CHAPTER 12
96 VARIANCES
§ 12.96.010 Purpose.
The purpose of a variance shall be to prevent or to lessen such practical difficulties and unnecessary physical hardships which are inconsistent with the objective of the Development Code. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity.
(DC § 14.010)
§ 12.96.020 Limitations.
A variance shall not be granted as a substitute for, or in lieu of, a change in zone. The power to grant variances does not extend to use regulations. The Planning Commission may grant a variance to a regulation prescribed by the Development Code with respect to the following:
A.
Fences, hedges or walls;
B.
Site area, width, frontage, depth or coverage;
C.
Front, side or rear yards;
D.
Height of structures;
E.
Distance between structures;
F.
Signs;
G.
Parking.
(DC § 14.020)
§ 12.96.030 Procedure.
Variance requests shall be processed as a either a Type I-B or Type II-B procedure, as indicated in Chapter 12.72. Application for a variance shall be made by the owner of the subject property or authorized agent on a form prescribed by the City and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the criteria noted in Section 12.96.040 of this chapter.
A.
Minor Variance. If an application for a variance to a regulation prescribed in the Development Code meets the following criteria, it shall be processed using Type I-B procedure:
1.
The request is to change the permitted height of a fence constructed in a required yard area; or
2.
The request is to change a numerical standard established in the Development Code and the requested variance is not for more than 10% of the established numerical standard (example: if 20 off street parking spaces are required to serve a development, an applicant can apply for a minor variance to reduce the number of required parking spaces by two).
B.
Major Variance. Any application variance review not described under Subsection A above shall be processed under Type II-B procedure.
(DC § 14.030; Ord. 737, 1/22/2026)
§ 12.96.040 Criteria.
The decision authority may grant a variance to a regulation prescribed by the Development Code if on the basis of petition, investigation and evidence submitted, the decision authority finds that all of the following conditions exist:
A.
Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code;
B.
Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
C.
There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties classified in the same zoning district;
D.
The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district;
E.
The granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
(DC § 14.040; Ord. 737, 1/22/2026)
§ 12.96.050 Period of validity.
Variance approval shall be subject to the approval period, exercise of approval requirements, and extension process as identified in Section 12.72.023.
(DC § 14.050; Ord. 737, 1/22/2026)