Applications for variances from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

A.

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located;

B.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(Ord. 298 § 13.1, 1984).

Application for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the zoning administrator. The application shall be accompanied by a fee, set by the city council, a plan of the details of the variance requested and evidence showing:

A.

That the granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and

B.

That due to special conditions or exceptional characteristics of the property or its location, the strict application of this chapter results in practical difficulties and unnecessary hardship. "Hardship," as used in this chapter does not mean personal or financial hardship but refers to the conditions in subsection B of Section 17.46.010.

(Ord. 298 § 13.3, 1984).

The planning commission shall conduct a public hearing on the application for a variance. Notice of such hearing shall be given as set forth in Chapter 17.54.

(Ord. 298 § 13.4, 1984).

(Ord. No. 612, § 21, 12-8-16)

A.

After the conclusion of the public hearing or continuations thereof, the planning commission or zoning administrator may grant or deny a variance from the strict application of the regulations established by this chapter. The commission or zoning administrator may impose any reasonable conditions deemed necessary to achieve the purpose of this title.

B.

A variance shall be effective the seventh day after planning commission or zoning administrator approval unless the action is appealed to the city council, or in the case of the zoning administrator, to the planning commission, in which case the variance shall not be effective until final action upon the appeal.

(Ord. 298 § 13.5, 1984).

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance.

(Ord. 298 § 13.2, 1984).