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How does a zoning variance work in Fremont County?
What a variance is — and what it is not
A variance is the county’s written permission to break one specific rule of its own code, for one specific lot. It is not a rezoning (the zone stays what it is), not an exemption (those exist without asking — the 200-square-foot shed rule is one), and not a negotiation at the counter. Fremont County’s Development Code states the purpose narrowly:
“Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this Ordinance is strictly enforced.”
— Fremont County Development Code, 2011 Edition (Ordinance 2011-04), section 3.26. Retrieved 5 October 2026
Two words in that sentence carry the whole weight. “Physical” means the ground itself — a rock shelf, a wet swale, an odd lot line — not a floor plan you would prefer. “Beyond their control” means you did not create the problem; hardship you manufactured yourself is expressly disqualifying below. And the variance can be combined with a Class II permit application and both processed at once, which matters when the bent rule is the reason the permit cannot be approved straight.
The five findings, all required
The Commission (the county’s planning and zoning commission) may approve a variance only after finding all five things. Not some of them — the code says “only upon finding that” and then lists five tests:
| Finding (3.26.040) | In plain language |
|---|---|
| a. Physical limitation unique to the lot | The need for the variance grows out of something about this one parcel’s ground — not from the district generally, not from your design wishes |
| b. Undue hardship | Without the bend, no reasonable legal use of the lot is possible — “undue hardship” means the lot is effectively unusable, not merely less convenient or less profitable |
| c. Not self-created | The hardship was not created by the owner’s or occupants’ own action — you cannot buy an odd lot cheap and then ask the county to fix it |
| d. No nuisance or harm | Approval will not create a nuisance (a use that materially harms neighbours), harm adjoining property, or undercut the comprehensive plan — the county’s adopted growth blueprint |
| e. Minimum relief | What is approved is the smallest departure that still permits a reasonable conforming use — two feet of setback, not twenty |
Read the five together and the shape of a winning case appears: a lot whose own ground makes the rule impossible, an owner who did not cause it, neighbours who are not damaged, and a request for the least bending that solves it. A losing case is usually (c) or (b) — the hardship is the buyer’s choice, or the lot still has a reasonable use the owner just does not want. Before assuming a variance is the answer, check whether the zone actually forbids the plan at all: this site’s page on reading the use lists covers what the tables permit before anyone bends them.
The procedure, step by step
Three moves, then a hearing you cannot skip. First, the application: a completed form, supporting materials, and “the required application fee” — the code requires one and this page deliberately prints no amount; ask Planning & Building at (208) 624-4643 for the current figure. Second, the calendar: the Administrator places the hearing on the next regular commission meeting for which the notice requirements can be met. Third, the notice — and here the variance inherits the full machinery:
“Notice requirements for a variance shall be the same as for a Class II permit”
— Fremont County Development Code, 2011 Edition (Ordinance 2011-04), section 3.26.020. Retrieved 5 October 2026
That means the full notice battery the hearings page explains — first-class mail to owners of record within 1,000 feet, two newspaper notices, agency mail, a roadside sign — and where a variance is combined with a Class II hearing, the notice must “specifically describe the proposed variance, including a citation of the sections of this Ordinance from which a variance is requested.” Your neighbours will know exactly which rule you want bent, by section number. Then the hearing itself, which has one unforgiving rule:
“No application for a variance shall be reviewed if the Applicant or a representative is not present.”
— Fremont County Development Code, 2011 Edition (Ordinance 2011-04), section 3.26.030. Retrieved 5 October 2026
An absentee applicant is a dismissed application. If you cannot travel to St. Anthony on the hearing night, send a representative with authority to answer questions.
After the decision
The paperwork continues after the gavel. The Commission files a written report of its findings and action with the County Clerk within ten (10) days of the written decision, and the Administrator delivers the decision to the applicant by hand or first class mail. If the decision goes against you — or against a neighbour’s variance — the appeal runs to the Board of County Commissioners under the code’s appeals procedure, on a short clock: 10 business days from notice of the decision. And the code appends one more sentence that a builder should read twice:
“Applicants proceed at their own risk during this appeal period.”
— Fremont County Development Code, 2011 Edition (Ordinance 2011-04), section 3.26.060. Retrieved 5 October 2026
In plain words: a variance granted is not safe the night it is granted. If an appeal is filed and succeeds, anything built in the window is the applicant’s problem — which makes the ten business days after the decision a real part of the project calendar, not a formality.
The two overlays that ask for more
Two districts require findings beyond the five. Section 3.26.040.f adds that “additional findings are required for variances in the Airport and Floodplain Overlay Districts (Chapters 6 and 7).” This page does not print those chapters’ rules — but a lot inside either overlay should expect a heavier application, and a buyer should identify the overlay before counting on any variance path. The general rule holds everywhere in the county: identify the district first (the zoning-map page explains how), then ask what its rules do to the lot, and only then whether a variance is even needed.
Before you apply
- Write down the exact sections you need relief from — the notice must cite them, and a variance is granted from named rules, never “from zoning” generally.
- Test finding (b) honestly: can the lot still be reasonably used inside the rules? If yes, the variance is not available, and the permit path is the whole answer.
- Gather the physical evidence — the survey, the soils, the water, whatever makes the limitation the lot’s and not the plan’s.
- Talk to the adjoining owners before the mail reaches them; finding (d) is about harm, and unopposed hearings go differently from contested ones.
- Plan to attend, and plan the appeal window into the build schedule — nothing permanent should start until the ten business days run.
- Expect conditions: 3.26.040.g lets the Commission attach them, and the county must run its takings checklist before imposing what it does.
One more boundary the county cannot bend for you: recorded covenants. A variance changes the county’s rules, not the private ones — the plat’s restrictions bind independently, as the subdivisions page explains. The county can excuse its setback; it cannot excuse your own deed.
Common questions
What is a zoning variance in Fremont County?
The county's written permission to depart from one specific rule of its Development Code for one specific lot — granted by the Planning and Zoning Commission after a noticed public hearing. It exists, in the code's words, for landowners who due to a unique physical characteristic beyond their control would have no beneficial use of the property if the ordinance were strictly enforced.
What are the five findings for a variance?
Under section 3.26.040, all five must be made: the need results from physical limitations unique to the lot; without the variance there is undue hardship because no reasonable conforming use is possible; the hardship was not created by the owner or occupants; approval will not create a nuisance, harm adjoining properties, or undermine the comprehensive plan; and the variance granted is the minimum relief necessary.
How is a variance hearing noticed?
Identically to a Class II permit: first-class mail to all owners of record within 1,000 feet (3,000 in significant cases), two newspaper notices, agency mail and a roadside sign before the hearing — and the notice must cite the exact code sections the variance is requested from.
Does the applicant have to attend the variance hearing?
Yes — the code states it flatly: no application for a variance shall be reviewed if the applicant or a representative is not present. If you cannot be in St. Anthony on the hearing night, send someone with authority to answer for the application.
How long do I have to appeal a variance decision?
Ten business days from notice of the decision, filing with the Administrator to reach the Board of County Commissioners under the code's appeals procedure. The Commission's findings are also filed with the County Clerk within ten days of the written decision.
Can I start building once my variance is granted?
At your own risk. The code expressly warns that applicants proceed at their own risk during the appeal period — a granted variance can still be appealed within ten business days, and if the appeal succeeds, work done in the window is the applicant's problem.