The planning commission is empowered to grant Variances in order to prevent or to lessen practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Zoning Code as would result from a strict or literal interpretation and enforcement of certain regulations prescribed by the Zoning Code. This chapter may not be applied to allow a use that is not in conformity with the uses specified by this Zoning Code for the zoning district in which the land is located.

(Ord. 2043 § 1(part), 2004).

The planning commission may grant a Variance to any development standard of this Zoning Code; except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 2 (Zoning Districts).

(Ord. 2043 § 1(part), 2004).

A.

Filing. An application for a Variance shall be filed with the community development department in compliance with Chapter 21.38 (Application Filing, Processing, and Fees.)

B.

Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or any other data/materials identified in the community development department handout for Variance applications.

C.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.48.040 (Findings and Decision), below.

D.

Project review procedures. Following receipt of a completed application, the community development director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

E.

Notice and hearings.

1.

A public hearing shall be required for the planning commission's decision on a Variance application.

2.

A public hearing shall be scheduled once the community development director has deemed the application complete.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

(Ord. 2043 § 1 (part), 2004).

A.

Planning commission action on a Variance. The planning commission may approve a Variance application, with or without conditions, only after first making all five of the findings identified in Subsection (B) (Variance findings) below.

B.

Variance findings.

1.

The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Zoning Code;

2.

The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;

3.

There are exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district;

4.

The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and

5.

The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

C.

Planning Commission shall deny. Following the public hearing, the planning commission (or the City Council, upon appeal) shall deny the application where information submitted by the applicant and/or presented at the public hearing fails to satisfactorily support the findings identified in subsection (B), above.

(Ord. 2043 § 1 (part), 2004).

In approving a Variance application, the planning commission (or City Council, upon appeal) may impose reasonable and necessary specific design and locational conditions relating to both on- and off-site improvements, which are intended to ensure that:

A.

Compliance with findings. The project will comply with all of the findings listed in Section 21.48.040, above;

B.

On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the applicable zoning district; and

C.

Time limits. Any time limits are provided as determined to be necessary by the planning commission.

(Ord. 2043 § 1(part), 2004).

A.

Written notification to applicant. The secretary of the planning commission shall give written notification of the decision of the planning commission to the applicant.

B.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the planning commission.

(Ord. 2043 § 1(part), 2004).

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a Variance application.

(Ord. 2043 § 1(part), 2004).