Algona City Zoning Code
22.35 Variances
22.35.010 Criteria.
A. No application for a variance shall be granted unless the hearing examiner finds:
1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
2. That such variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use, right and privileges permitted to other properties in the vicinity and in the zone in which the subject property is situated; and
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
4. The reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that would make possible a reasonable use of the land, buildings or structures; and
5. The granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise be detrimental to the public welfare.
B. Under no circumstances shall the hearing examiner grant any variance to allow a use that is not permissible in the district involved. Variances apply only to yards, signs, height, coverage, or parking requirements, but not to use of land or structures. (Ord. 1191-21 §13 (Exh. C), 2021).
22.35.020 Conditions or restrictions.
The hearing examiner may prescribe that conditions or restrictions apply to the grant of a variance, as it may deem necessary in specific cases, in order to minimize the adverse effects of such variance upon other property in the neighborhood and to carry out the intent of this title. Such conditions or restrictions shall be incorporated in the building permit if one is issued pursuant to the variance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under its penalty provisions. (Ord. 1191-21 §13 (Exh. C), 2021).
22.35.030 Time limitations.
No grant of a variance shall be valid for a period longer than six months unless such permitted use is established within such period, or in the event such permitted use is dependent upon erection or alteration of a building, unless a building permit for the erection or alteration is obtained within such six-month period; provided, however, within such six-month period the board may, upon motion of the applicant for such variation and without further notice, by order, extend the time period not exceeding six months; and provided further, that in no event shall any order of the board be extended for a period greater than eighteen months from the date of the first order of the board in any case where a building permit shall be obtained for the erection or alteration of a building unless such erection or alteration shall be started and proceed to completion in accordance with the terms of such building permit. (Ord. 1191-21 §13 (Exh. C), 2021).