Menahga City Zoning Code
§ 151.59
VARIANCES.
(A) Variances shall only be granted when the applicant can demonstrate there are practical difficulties in complying with the code. Variances shall only be granted when it is demonstrated that granting of the variance will be in keeping with the spirit and intent of this chapter.
(B) Variances shall not create a use not provided for in a zoning district.
(C) Variances shall run with the property and shall be transferable with the property. Variances shall not be transferred to other properties.
(D) Variances shall run with the property for structures or other specified uses after a public hearing.
(E) All applications for a variance shall be submitted to the Zoning Administrator 30 days before the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the proposal's details, an accurate legal description, and the appropriate fee. The fee or contract owner of the property shall sign the application.
(F) The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days before the public hearing.
(G) The Zoning Administrator shall send the same notice, with supporting documentation, at least ten days before this hearing to the DNR if the proposed is in shoreland.
(H) At the applicant’s option, the applicant may request a sketch plan review with no action by the Board of Adjustment and with no fee by giving 14 days’ notice thereof to the Zoning Administrator, meeting time permitted.
(I) Submissions for variances. The applicant shall complete the variance application approved by the Board of Adjustment. The application shall contain submittal requirements, approval criteria, consideration procedure, and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
(J) Variances shall be decided within the required time frame with consideration for the following:
(1) The applicant establishes that there are practical difficulties, as defined in this chapter, in complying with the official control;
(2) The plight of the landowner is due to circumstances unique to the property not created by the landowner;
(3) The strict interpretation of this chapter would be impractical because of circumstances relating to lot size, shape, topographic or other characteristics of the property not created by the landowner;
(4) The deviation from this chapter with any attached conditions will still be in keeping with the spirit and intent of this chapter and the comprehensive plan;
(5) The variance will not create a land use not permitted in the zone;
(6) The variance will not alter the essential character of the locality;
(7) The variance is not for economic reasons alone, but reasonable use of the property does not exist under this chapter;
(8) The Board of Adjustment shall require the property owner to address the following conditions, when related to and proportional to the impact, to meet the purpose of this chapter, to protect adjacent properties, and the public interest:
(a) Advanced stormwater runoff management treatment;
(b) Reducing impervious surfaces;
(c) Increasing setbacks from the ordinary high-water level;
(d) Restoration of wetlands;
(e) Limiting vegetation removal and/or riparian vegetation restoration;
(f) Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and
(g) Other conditions the zoning authority deems necessary.
(9) In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits;
(10) When costs to the city in processing and reviewing an application exceed the original application fees, the applicant shall reimburse the city for additional costs. Such expenses may include but are not limited to payroll, mailing costs, consultant fees, and other professional services the city may need to retain in reviewing permits.
(11) The Zoning Administrator shall accept no variance application from a contractor or property owner having outstanding violations. Variances can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.
(12) A variance application that has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.
(13) Violations of the conditions of a variance shall void the variance.
(14) Appeals from the action of the City Council shall be filed with the district court within 30 days after Council action.
(15) The variance shall be filed with the County Recorder within 45 days.
(Ord. passed 4-24-78; Am. Ord. 151.53, passed 1-12-15; Am. Ord. passed 12- -24)