To apply for a variance from the Zoning Ordinance, please call Karen Rowan 563-244-3360 x 2 or e-mail Building and Neighborhood Services.
It is important to understand that the applicant must prove a hardship to be granted a variance. A hardship is defined by the Iowa Supreme Court as follows:
- The land in question cannot yield a reasonable return if used in accordance with generally applicable zoning regulations.
- The owner must be deprived of ALL beneficial use of the land.
- This only occurs where the land is rendered unsuitable for ANY use permitted by the zoning.
- It is not enough that a variance would permit the applicant to maintain a more profitable use.
- The hardship at issue is due to unique circumstances particular to the land itself.
- Not general conditions of the locality; and
- Not the owner’s personal circumstances.
- Granting the variance requested will not alter the essential character of the locality.
The land in question cannot yield a reasonable return if used in accordance with applicable zoning regulations; denial of the variance will arguably deprive the owner of all beneficial use of the land. Finally, granting the variance will not alter the character of the locality.