(A) Purpose. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property. A variance may be granted when strict enforcement of the provisions of the zoning code would cause practical difficulties to the property owner, and when it can be demonstrated that such action will be in keeping with the spirit and intent of the code.
(B) General provisions.
(1) The City Council shall act as the Board of Adjustment.
(2) A variance may not be approved to allow a use that is not allowed under the Zoning Code for property in the zone where the affected person's land is located.
(3) Under no circumstances shall the City Council grant a variance to an existing nonconforming use of land or building as specified under § 152.009 Nonconforming Uses, Lot, and Structure.
(4) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this section.
(5) The City Council may recommend a variance the temporary use of a single unit dwelling as a two-unit dwelling.
(C) Procedure. The application for a variance shall be made and processed using the same procedure as outlined in § 152.100 Common Procedures and Requirements.
(D) Criteria for review.
(1) The City Council shall approve the variance only if it finds the following criteria are met:
(a) The variance is in harmony with the general purposes and intent of this chapter;
(b) The variance is consistent with the Byron Comprehensive Plan; and
(c) The applicant has established that there are “practical difficulties” in complying with this chapter.
(2) Practical difficulties, as used in connection with the granting of a variance, means that:
(a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
(b) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(c) The variance, if granted, will not alter the essential character of the locality.
(d) Economic considerations alone do not constitute practical difficulties.
(e) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(E) Conditions. The City Council may impose conditions in the granting of variances. Any condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(Ord. 2023-02, passed 5-9-23)