Edna City Zoning Code
§ 15
Variances.
15-100
For the purposes of Article II, section 4(6) of the Charter, the Planning and Zoning Commission shall fulfill the duties and offices of a Board of Adjustment.
15-101
A variance to the provisions of the City’s zoning regulations may be granted following a public hearing before the Planning and Zoning Commission and action by the City Council on the recommendations of the Commission.
15-102
All property owners within five hundred (500) feet of the boundaries of the property for which the variance is sought shall be notified by regular mail of such hearing, and notice of the public hearings shall be published in the manner provided in Section 18-103 of this Exhibit A. A protest/approval letter will be included in the mailing. After the public hearing, the Planning and Zoning Commission shall submit its recommendation to the City Council. The Planning and Zoning Commission can recommend to deny, approve, or approve with conditions. The commission may also table the decision to request more information.
15-103
The recommendation of the Commission on the variance is then considered by the City Council at the next meeting of the council. The City Council has the final decision on all variances.
15-104
The Planning and Zoning Commission and property owner notification calendar utilized by the city shall be based on the statutory provisions of the municipal zoning laws of the state.
15-105
There shall be a fee for notifications and processing of an application for a variance that shall be set in a fee schedule by the City Council.
15-106
(a)
In exercising its power to recommend the granting of a variance in accordance with this article, the Planning and Zoning Commission shall make findings and show in its minutes that:
(1)
There are special circumstances existing on the property for which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district and that justify the use of the property;
(2)
That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed, under this Code, by other properties in the vicinity and zoning district, but which rights are denied to the property on which the application is made;
(3)
That the granting of this variance of the specific property will not adversely affect the land use pattern as outlined by a comprehensive plan or any area plan and will not adversely affect any other feature of a comprehensive plan or any area plan of the city;
(4)
That the variance, if granted, will be of no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity; and
(5)
That the variance does not violate the intent of the city’s zoning ordinances.
(b)
The City Council, in acting on the recommendation of the Commission, shall either confirm or modify the findings of the Commission.
(Ordinance 2016-07, sec. 2B, adopted 8/8/16)