Variance Request

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.