Dunes City City Zoning Code
VARIANCES
§ 155.465 LIMITATIONS.
(A) (1) A variance shall not be granted as a substitute for, or in lieu of, a change in zone. A variance does not apply to use regulations.
(2) A variance may be granted for a regulation prescribed by this chapter with respect to the following:
(a) Fences, hedges, walls, or landscaping;
(b) Site area, width, depth, square footage, frontage, and building coverage;
(c) Front, side, or rear yards;
(d) Height of structures;
(e) Accessory buildings;
(f) Parking requirements;
(g) Width of rights-of-way and roadways; and
(h) Outdoor lighting.
(B) A variance may only be granted to meet the minimum exception necessary to mitigate the hardship or practical difficulties.
(C) (1) The Planning Commission may recommend that conditions of approval be imposed on the variance.
(2) Adherence to the submitted plans as approved is required. Any departure from these conditions of approval and approved plans constitutes a violation of this subchapter.
(D) A valid variance supersedes conflicting provisions of subsequent rezoning or amendments to this chapter unless otherwise specifically provided by the provisions of this subchapter or the conditions of approval to the variance.
(E) A new application which is substantially similar to an application which has been withdrawn by the applicant or has been denied or revoked shall not be re-filed within 12 months of the date of withdrawal, revocation, or denial unless the City Council determines there is good and sufficient cause to allow a refiling.
(Ord. 259, passed - -)
§ 155.466 APPLICATION SUBMISSION REQUIREMENTS.
(A) The variance application shall conform to the requirements for Type III applications (§ 155.285). The application for a variance shall be made in writing to the Planning Official by the owner(s) of the land in consideration or their agent(s), duly authorized in writing.
(B) The applicant shall set forth in a detailed written narrative:
(1) The practical difficulties and/or physical hardships involved;
(2) Existing conditions on the site;
(3) Reasons for a variance being the most practicable solution to the problem; and
(4) Any other pertinent information requested by the Planning Official.
(Ord. 259, passed - -)
§ 155.467 APPROVAL PROCESS.
Upon receipt of a complete application for a variance, a public hearing, or hearings, shall be scheduled in accordance with the provisions of a Type III procedure (§ 155.285), except as otherwise specified in this chapter (see § 155.305 authorizing approval through the Type II process in conjunction with a land division).
(Ord. 259, passed - -)
§ 155.468 APPROVAL CRITERIA.
(A) The Planning Commission may recommend approval of a variance to a regulation prescribed by this chapter when, on the basis of the application, and investigation and evidence submitted, the Planning Commission finds:
(1) Strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty or unnecessary hardship, and would be inconsistent with the purpose of this subchapter.
(2) There are exceptional or extraordinary circumstances or conditions applicable to the property involved, which do not apply generally to other properties in the same zone; or
(3) (a) The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone.
(b) The granting of the variance will not be detrimental to the public health, safety, and welfare, or be materially injurious to properties or improvements on the near adjacent property.
(C) Condition may be imposed in connection with a variance as deemed necessary to address the approval criteria above.
(Ord. 259, passed - -)
§ 155.469 EFFECTIVE DATE.
A variance shall become effective on the City Council’s final decision or the applicant’s appeal period is resolved.
(Ord. 259, passed - -)
§ 155.470 EXPIRATION.
(A) (1) Authorization of a variance shall be void one year after the date of approval of a variance application, unless a building permit has been issued and substantial construction pursuant thereto has taken place.
(2) Substantial construction shall be considered to be completion of a building foundation.
(3) The applicant may apply to the Planning Commission for an extension of one year maximum duration based on compliance with the following criteria:
(a) The request for an extension is made in writing prior to expiration of the original approval;
(b) There are special or unusual circumstances that exist which warrant an extension; or
(c) No material changes of surrounding land uses or zoning has occurred.
(B) The Planning Commission may deny the request for an extension of a variance if new land use regulations have been adopted that affect the applicant’s proposal.
(Ord. 259, passed - -)