Winner City Zoning Code
VARIANCES
§ 154.475 VARIANCE.
A VARIANCE is a relaxation of the terms of this chapter by the Board of Adjustment where the literal enforcement of this chapter would deny to the property enjoyed as a right by other property owners within the same zoning district. Variances shall be limited to height, bulk and yard requirements.
(Prior Code, § 16.25.01) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.476 APPLICATION FOR VARIANCE.
(A) All applications for variances must be signed or approved in writing by the owner of record. In the event the owner of record has a binding purchase agreement contingent on the approval of a variance, the potential purchaser may submit and sign all documents required for application.
(B) A written application for a variance shall demonstrate that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings, in the same district;
(2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter; and
(3) The special conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structure or buildings in the same district.
(C) All applications shall be accompanied by a site plan. The site plan shall be drawn to scale and indicate the following:
(1) The actual dimensions, shape and property lines of the lot to be built upon including adjacent property and proximity to roads;
(2) A north arrow;
(3) The exact sizes and locations on the lot of buildings already existing, if any, and the location, dimensions and square footage of the proposed building(s) or alteration:
(4) Location and dimensions of all easements and rights-of-way;
(5) General utility, water and sewer plan with proximity and proposed connection to municipal utilities;
(6) Site drainage plan and development impact on culverts and the like; and
(7) Yard dimensions.
(D) Variance applications shall be submitted to the Zoning Administrator. The variance application shall not be accepted unless and until all documents required for application for said request have been satisfactorily completed and all required fees have been paid in full.
(Prior Code, § 16.25.02) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.477 PLANNING COMMISSION VARIANCE PROCESS.
The Planning Commission shall review requests for variances from this chapter in instances where strict enforcement would cause unnecessary hardship, and to recommend granting of such variances only in accordance with this chapter. The Planning Commission shall review all variance applications at an official meeting of the Commission. The Commission shall discuss each application and recommend an action. The recommendation should be in the form of a motion clearly stating the Commission’s recommended action. The Commission shall forward its recommendation to the City Council, who will set the Board of Adjustment meeting at which the application is being considered.
(Prior Code, § 16.25.03) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.478 BOARD OF ADJUSTMENT VARIANCE PROCESS.
The Board of Adjustment shall have the power to hear requests for variances from this chapter in instances where strict enforcement would cause unnecessary hardship, and to grant such variances only when the following provisions apply.
(A) The Board of Adjustment shall not grant a variance from the terms of this chapter unless and until a written application for a variance per § 154.476 is submitted to the Zoning Administrator.
(C) Notice of public hearing was given at least ten days in advance by publication in a legal newspaper of the municipality.
(D) Written notice of the public hearing was sent to the applicant and all owners of real property lying within 150 feet of the property on which the variance is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date.
(E) A notification sign shall be posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along all along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings.
(F) No such variance shall be authorized by the Board of Adjustment unless it finds that the strict application of the chapter would produce undue hardship; such hardship is not shared generally by other properties in the same zoning district and the same vicinity; the authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the grant of the variance; and the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit and caprice.
(G) No variance shall be authorized unless the Board of Adjustment finds that the condition or situation of the property or the intended use of the property concerned, or the intended use of the property is not of so general or recurring in nature that it is reasonably practicable to formulation a general regulation to be adopted as an amendment of this chapter.
(H) No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(I) Any party may appear in person for by agent or by attorney; the Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a variance; the Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(J) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(Prior Code, § 16.25.04) (Ord. 737, passed - -; Ord. 800, passed - -) Penalty, see § 154.999
§ 154.479 TERMINATION, REVOCATION AND REAPPLICATION.
(A) Unless a different termination date is prescribed, the variance shall terminate one year from the date of approval, unless actual construction, alteration or commencement of activities has begun under valid permits within such period, or is not pursued diligently to completion. However, such period may be extended upon written request filed with the Zoning Administrator at any time before the period has expired, for a period not exceeding one additional year.
(B) In the event of a violation of any of the provisions of this chapter, the Board of Adjustment may, after notice and hearing, revoke any variance. Any revocation hearing shall comply with the procedures prescribed in § 154.525 of this chapter.
(C) No reapplication for the same or a similar variance may be made within one year from the date of previous denial, unless such denial was made without prejudice.
(Prior Code, § 16.25.05) (Ord. 737, passed - -; Ord. 800, passed - -)