Good Thunder City Zoning Code
VARIANCES
§ 154.055 GENERAL.
(A) Any person, firm, corporation or any other organization or entity having an interest in real property which is subject to the provision of this chapter may apply to the City Council for a variance from those provisions, in accordance with this subchapter.
(B) The City Council shall have the exclusive power to order the issuance of variances.
(C) No variance shall be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
(2001 Code, § 11.16)
§ 154.056 GROUNDS FOR VARIANCE.
(A) A variance shall be granted only when:
(1) It is in harmony with the general purpose and intent of this chapter; and
(2) There are practical difficulties or a particular hardship in the strict application of the provisions of this chapter.
(B) The terms “difficulties” and “hardship”, as used in division (A)(2) above, mean that the property in question cannot be put to a reasonable use if used under the conditions allowed by this chapter.
(C) The plight of the applicant for a variance must be due to circumstances unique to the property and not created by the applicant, and it must be related to the property rather than to a personal preference or idiosyncrasy of the applicant.
(D) Economic considerations alone shall not constitute a difficulty or hardship for the purpose of granting a variance if a reasonable use for the property exists under the terms of this chapter.
(E) The variance, if granted, shall not alter the eventual character of the locality.
(F) In granting a variance the City Council may impose further conditions as it deems necessary to ensure compliance with the provisions of this chapter and to protect adjacent properties and the public interest.
(G) The applicant for a variance which, in the opinion of the City Council, may result in a material adverse effect on the environment, may be requested by the Council to demonstrate the nature and extent of the effect before the Council grants the variance.
(2001 Code, § 11.16)
§ 154.057 PROCEDURE.
(A) (1) An application for a variance shall be filed with the Zoning Administrator on the form prescribed for that purpose by the City Council. The application must contain the name of the applicant, a legal description of the affected property and the applicant’s relationship and interest in the project, the specific provision or provisions of the chapter from which the variance is requested, and the grounds which must be in accordance with the provisions of this subchapter and must be signed by the applicant.
(2) At the option of the Zoning Administrator and/or the City Council, the application shall be accompanied by a site plan showing pertinent information including, but not limited to:
(a) Description of site (legal description);
(b) Site plan drawn at scale showing parcel and building dimensions;
(c) Location of all buildings and their square footage;
(d) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
(e) Landscaping and screening plans;
(f) Drainage plan;
(g) Sanitary sewer and water plan with estimated use per day;
(h) Soil type; and
(i) Any additional data reasonably required by the Zoning Administrator and/or by the City Council.
(B) (1) The City Council, upon receipt of a proper application for a variance shall set a time and place for a public hearing before the Council on the application.
(2) At least ten days in advance of any hearing, notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city.
(C) (1) Written notice of the public hearing shall be sent to all property owners or residents within 300 feet of the property. The public hearing shall be given not more than 30 days, nor less than ten days, in advance by publishing a notice in the official newspaper of the area. The notice shall describe the particular variance and shall contain a description.
(2) Assessor tax records and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties.
(D) The City Council may continue the hearing concerning the application for a variance, or it may hold additional hearings as it deems advisable. The Board of Adjustment shall issue its order concerning the application within ten days of the conclusion of the hearing relating to any given application.
(E) A certified copy of an order of the City Council either granting or denying an application for a variance shall be filed for record. The order issued by the Council shall be in writing, giving the reasons for the decision and shall include a legal description of the property involved.
(F) All decisions by the Council in granting or denying a variance shall be final except that any aggrieved person or persons, or any department, board or commission within the county or state shall have the right to appeal, within 30 days, after receipt of notice of the Council’s decision, to the District Court on questions of law and fact.
(2001 Code, § 11.16)
§ 154.058 FEES.
To defray administrative costs of processing/requests for variances, a fee shall be paid by the applicant. The fee for a variance shall be set annually by the City Council.
(2001 Code, § 11.16)