Madison City Zoning Code

VARIANCES AND

APPEALS

§ 151.235 PURPOSE.

The Planning Commission is established as the Board of Appeals and Adjustments for the purpose of hearing appeals and variances under the provisions of this chapter in harmony with the purpose and intent of this chapter. The Board of Appeals and Adjustments (Planning Commission) shall be advisory to the City Council.

(Ord. 333, passed 12-27-2004)

§ 151.236 PROCEDURES ON VARIANCES.

(A) The applicant for a variance shall complete and submit to the Administrator an application for a variance, together with a fee established by the City Council.

(B) The Planning Commission shall hold a public hearing on the proposed variance. Notice of the time, place, and subject matter of the proposed variance shall be published in the official newspaper. Property owners within 350 feet of the subject property shall receive a copy of the notice by mail. The notices shall be published and mailed 10 days before the public hearing. Failure to receive a notice shall not invalidate the proceedings.

(C) The Planning Commission shall make written findings of fact and recommendations on the proposed variance to the City Council.

(D) The City Council shall approve or deny the proposed variance following referral by the Planning Commission.

(E) Within 30 days from the date the request was received, the Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request to the City Council. The findings shall be entered in and made a part of the written record of the Planning Commission.

(F) Upon receiving the report and recommendation of the Planning Commission and within 60 days of the request being received by the Administrator, the City Council shall make a land use decision. The reports and recommendations shall be entered in and made a part of the permanent written record of the City Council.

(G) Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:

(1) Approve or disapprove the request as recommended by the Planning Commission; or

(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. The modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or

(3) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.

(H) Approval of variances or appeals shall require passage by a majority vote of the full City Council. The Administrator shall notify the applicant of the Council’s action.

(I) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.

(Ord. 333, passed 12-27-2004)

§ 151.237 STANDARDS FOR GRANTING VARIANCES.

A variance may be granted only in the event that the applicant demonstrates by factual presentation that all of the following circumstances exist:

(A) The interpretation of the provisions of this chapter would cause undue hardship, deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter and leave the applicant with no reasonable use of the land, provided that the hardship shall not have been created by the applicant;

(B) The conditions causing the hardship are unique and are not shared by neighboring property in the same zoning district. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zoning district and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter had no control;

(C) The variance would be in keeping with the spirit and intent of the chapter and would not essentially alter the character of the neighborhood or adversely affect the environmental equality of the area;

(D) The variance would not allow any use that is not permitted under this chapter for a property in the zoning district where the affected applicant’s land is located.

(Ord. 333, passed 12-27-2004)

§ 151.238 CONDITIONS AND RESTRICTIONS.

In granting a variance the Planning Commission may recommend and the City Council may impose additional conditions and restrictions which are reasonably necessary to insure compliance with all provisions of this chapter or are deemed necessary to protect the public’s interest.

(Ord. 333, passed 12-27-2004)

§ 151.239 FINDING OF FACT.

In considering all requests for a variance or appeal, the City Council, acting as the Planning Commission, shall make a finding of fact as appropriate that the proposed action will not:

(A) Impair an adequate supply of light and air to adjacent property;

(B) Unreasonably increase the congestion in the public right-of-way;

(D) Unreasonably diminish or impair established property values within the neighborhood;

(E) Cause an unreasonable strain upon existing municipal facilities and services;

(F) Be contrary in any way to the spirit and intent of this chapter;

(G) Have a negative direct and indirect fiscal impact upon the city, county, or school district, unless the proposed use is determined to be in the public interest.

(Ord. 333, passed 12-27-2004)

§ 151.240 APPEALS PROCEDURES.

Any person wishing to appeal an order, requirement, decision, or determination made by an administrative officer in enforcement of the zoning ordinance shall complete and submit to the Administrator an application for an appeal within 30 days after the date of the order or decision in question. The application for appeal shall contain a complete statement of the order, requirement, decision or determination, the name of the administrative officer involved, and a concise statement of the alleged error committed.

(A) The Administrator shall determine that the application contains all information required by this section has been provided before presenting the application to the Planning Commission.

(B) The Planning Commission shall hold a public hearing on the appeal request. Notice of the time, place, and subject matter of the proposed variance shall be published in the official newspaper. Property owners within 350 feet of the subject property shall receive a copy of the notice by mail. The notices shall be published and mailed 10 days before the public hearing. Failure to receive a notice shall not invalidate the proceedings.

(D) The City Council shall grant or deny the appeal request after receiving the recommendation of the Planning Commission.

(Ord. 333, passed 12-27-2004)

§ 151.241 LAPSE OF VARIANCE OR APPEAL.

Whenever within 1 year after granting a variance or appeal the work as permitted by the variance or appeal shall not have been completed, then the variance or appeal shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance or appeal. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision and shall be requested only one time on a singular action. The extension shall be granted by the City Council for a period determined sufficient to complete the work permitted.