Rock Island City Zoning Code

The hearing examiner is authorized to grant variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to specific property, the literal interpretation or specific application of this title would cause undue or unnecessary hardship.

No variance shall be granted to allow the use of property for purposes not authorized in the district in which the proposed use would be located or create lots with less than the minimum size required by the district.

An application for a variance shall be considered as an action subject to quasi-judicial review as set forth in RIMC Title 14.

The strict application of the bulk, dimensional or performance standards set forth in the applicable district or in this title precludes a reasonable permitted use of the property;

The hardship asserted by the applicant is specifically related to the property and is the result of unique conditions such as irregular lot shape or size, topography or natural features over which the applicant has no control;

The hardship asserted by the applicant results from the application of this title to the property and is not the result of deed restrictions or the actions of the applicant or owner;

The requested variance will not constitute a grant of special privilege not enjoyed by other properties in the same neighborhood or district, and is the minimum relief necessary for the preservation of a property right substantially the same as possessed by owners of property in the same neighborhood or district; and

The granting of the variance will not be detrimental to the purposes of this title, be injurious to property in the same neighborhood or district in which the property is located, cause substantial adverse effect on the public interest or be otherwise detrimental to the objectives of the comprehensive plan.

Protect the interests of surrounding properties and the general public health, safety, welfare and interest;

Accomplish the objectives and intent of this title, other applicable regulations and the comprehensive plan;

Mitigate potential adverse impacts of the proposal.