Applications for variances from the terms of this title, the official zoning map, or other land use regulatory ordinances of the city may be permitted pursuant to the terms and conditions set forth in this chapter. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

A variance is a Type III application, and the hearing examiner shall make the final decision. The application shall be processed as set forth in Title 19. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

In addition to the requirements for a completed application set forth in Section 19.02.020, an applicant for a variance shall submit the following: a nonrefundable fee established by resolution of the city council. No application shall be complete and no action shall be taken upon an application until the fee has been paid. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

Before a request for a variance is acted upon by the city, the hearing examiner shall consider the application at a public hearing pursuant to the time and notice requirements as set forth in Title 19. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

Decisions of the hearing examiner on variance applications shall include written findings of fact to support the decision. Applications for variances may be granted only if the hearing examiner finds:

A.    The variance does not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located;

B.    The variance is necessary, because of size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

C.    That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

In approving any variance, the hearing examiner may impose reasonable conditions to ensure that the variance shall not be materially detrimental to the public welfare or injurious to property or improvements in the area. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

All appeals of any decision by the hearing examiner shall be made in accordance with Title 19. Decisions of the zoning administrator may be appealed pursuant to Chapter 19.06. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)