This chapter shall be known as the "Administrative Variance Ordinance."

(Ord. No. 1222, § 1, 12-15-21)

The purpose of administrative variances is to allow for an administrative procedure for limited adjustments to the provisions in order to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. It is also intended that, with respect to accessory structures for existing single-family residential uses, certain adjustments shall be subject to the director's review procedures, rather than an administrative variance.

(Ord. No. 1222, § 1, 12-15-21)

The planning and building services director may grant administrative variances where there is a justifiable cause or reason; provided, however, that it does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of an administrative variance.

(Ord. No. 1222, § 1, 12-15-21)

Only the following variances may be granted by the planning and building services director or designee, subject to the following limitations:

1.

Fence Height. In any district, the maximum height of any fence, wall or equivalent screening may be increased by a maximum of two feet where either the use or adjoining sites warrant an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall or screening.

2.

Setbacks. In any residential district, the Planning and Building Services Director may decrease minimum setbacks by not more than five feet where the proposed setback area or yard is in character with the surrounding neighborhood, and where such decrease will not unreasonably affect contiguous sites.

3.

Lot Coverage. In any zoning district, the Planning and Building Services Director may increase the maximum allowable lot coverage by not more than twenty-five percent where such increase is necessary for significantly improved site planning or architectural design, creation or maintenance of views or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.

4.

Height. In any district, the planning and building services director may authorize a twenty-five percent increase in the maximum allowable building height. Such increases may be approved only where necessary to accommodate architectural design, where scenic views or solar access on surrounding properties are not affected and where there is no increase in useable square footage of the proposed structure.

5.

Carports. The planning and building services director may authorize an administrative variance for any carport structure within the required front and side setbacks and may impose design standards for the carport structure in character with the surrounding neighborhood.

(Ord. No. 1222, § 1, 12-15-21)

The planning and building services director shall notify contiguous property owners and other such interested parties as he or she deems necessary of the application and pending decision. The notification shall state the following:

1.

Requested action;

2.

Location of requested action (parcel and lot number);

3.

Name and address of applicant; and

4.

Date after which a decision will be made on application.

If a protest of the proposed administrative variance is received by the community development director from an affected party prior to its effective date, the community development director shall forward the administrative variance to the planning commission for review and action.

(Ord. No. 1222, § 1, 12-15-21)

The planning and building services director, when acting on an administrative variance, shall make all of the following findings prior to approving an application for an administrative variance:

1.

That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship;

2.

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district;

3.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district;

4.

That the granting of the administrative variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

5.

That the granting of an administrative variance is consistent with the objectives and policies of the general plan and the intent of this title.

6.

A variance shall not be granted if the property has any open code violations or unpaid code enforcement fines, except that the granting of a variance whose purpose is to cure or assist in curing a code violation shall be permitted.

(Ord. No. 1222, § 1, 12-15-21)

A decision of the planning and building services director on an administrative variance shall be effective within ten calendar days unless an appeal of the decision is filed within the ten calendar days.

(Ord. No. 1222, § 1, 12-15-21)

Authorization of an administrative variance shall be void after a period of one year unless the use is begun within that time or a building permit has been obtained and substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the planning and building services director or designee, extend authorization for six additional months upon request, provided such request is submitted in writing at least thirty days but not more than sixty days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule.

(Ord. No. 1222, § 1, 12-15-21)