Waterloo Village City Zoning Code
ARTICLE X
Variances
§ 245-64 Policy.
When a parcel of land in a zoning district may not be able to be used for the purposes allowed for such district or for such purposes otherwise set out in this chapter or where there exist practical difficulties or unnecessary hardships in the application of the provisions of this chapter, it may be necessary in particular cases to vary or modify the application of any of the provisions of this chapter to achieve justice while preserving the spirit of this chapter.
§ 245-65 Bulk variance.
A.
The Zoning Board of Appeals may grant the minimum necessary bulk variance required, provided that the appellant satisfactorily demonstrates that there is a practical difficulty in obeying the strict letter of this chapter.
B.
Considerations for a bulk variance. The Zoning Board of Appeals shall, as applicable, consider the following in making decisions concerning a bulk variance:
(1)
How substantial the variance is in relation to the requirements.
(2)
The effects of the variance on governmental facilities, services and costs.
(3)
The effects of the variance on adjoining properties.
(4)
The effects of the variance on the character of the neighborhood.
(5)
Whether the difficulties of the applicant can be alleviated by a reasonable alternate means.
(6)
Whether the difficulties are self-created.
(7)
Whether by denying the variance the applicant will have no viable use of his/her land.
(8)
Whether by denying the variance the applicant will suffer significant economic injury.
(9)
Other relevant considerations as may be appropriate in each specific case.
(10)
Whether, in consideration of the above factors, the interests of justice will be served by allowing the variance.
§ 245-66 Use variance.
A.
The Zoning Board of Appeals may grant a use variance, provided that the appellant demonstrates that there is unnecessary hardship in obeying the strict letter of this chapter.
B.
Considerations for a use variance. The Zoning Board of Appeals shall consider the following in making a decision concerning a use variance:
(1)
The effect of granting the variance upon the legislative intent of this chapter and the policy established therein by the Planning Board and the Village Board.
(2)
That the property owner cannot obtain a reasonable return from any use permitted in the district and any currently existing nonconforming use of the property.
(3)
That the use requested will not alter the essential character of the neighborhood.
(4)
That there are unique circumstances arising from the nature of the property.
(5)
That the hardship was not self-created.
§ 245-67 Conditions for variances.
The Zoning Board of Appeals, in granting a variance, may require additional conditions to mitigate any adverse effects the requested variance may have upon the neighborhood and traffic congestion and safety. These conditions may include, but are not limited to, points of egress and ingress, landscaping, lighting, buffer areas, fencing, parking and other conditions it may deem reasonable and proper to ensure that the intent of the district is preserved.
§ 245-68 Limitations.
At the time a variance is granted, the variance pertains to the subject property and not the owner and is valid through all subsequent owners. The variance is not transferable to another site, and the variance is for a specific use and not a class of uses. However, in the case where work has not been commenced and diligently prosecuted within one year after the date granted, the variance (including variances previously issued) shall become null and void.
§ 245-69 Temporary variances.
The Zoning Board of Appeals may grant temporary variances under one of the following conditions:
A.
The appellant has requested a temporary variance.
B.
The nature of the proposed use is temporary.
C.
There is a compelling public interest that would render an indefinite time period objectionable.