The board of adjustment may allow a departure from the terms of the development standards set forth in this title where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the action of the applicant, the literal enforcement of this title would deprive the owner of the reasonable use of the land and/or building involved.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 1, 1987)

   A request for variance shall be made by filing an application with appropriate fees. The application shall contain information as may be required by the planning director for purposes of this title. The plans shall contain sufficient information for the board to make a proper decision on the matter. The request shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 2, 1987)

   A.   No variance may be granted by the board until a public hearing has been held on the application.

   B.   A notice of time, date, place and purpose of the hearing shall be published in a newspaper of general circulation, published or circulated within the city at least fifteen days prior to the date of the hearing.

   C.   A notice shall be posted on, or close to, the site affected, in a location that allows for the public to read the notice from the public right-of-way. The notice shall be in the form required by the planning department, and shall contain sufficient information to inform the public of the nature of the variance.

   D.   Additionally, a notice shall be mailed, at least fifteen days prior to the hearing, to each owner of the property situated within two hundred feet of the property to which the variance relates. The planning director shall be responsible for mailing the notice. Failure to receive notice by individual property owners will not necessarily invalidate the proceedings.

   E.   Notice of the time, date, place and purpose of the hearing shall be sent to the applicant at least fifteen days prior to the healing date.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 3, 1987)

   At the public hearing on a variance application, the applicant shall present a statement and adequate evidence for the purpose of showing:

   A.   That there are special circumstances or conditions applicable to the property referred to in the application which do not prevail on other property in that zone, and that these special circumstances applicable to the property were not self-imposed by the property owner;

   B.   That the strict application of the regulations would work an unnecessary hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights;

   C.   That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements of the neighborhood.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 4, 1987)

   A.   Within forty-five days of the date of application, but no sooner than fifteen days from the date of public notice, the board of adjustment shall hold a hearing on the variance request. The board shall consider oral or written statements from the city staff, the applicant and the public.

   B.   In the event the board of adjustment can determine that the requested variance substantially conforms to the standards set forth in Section 17.54.040, it may, by a vote of five members of the board, approve a variance request. A variance request that is not approved shall be deemed to be denied. Variance requests may be tabled by a vote of the simple majority of those board members present. Any postponement shall be limited to a maximum of seventy-five days; unless extended with the written permission of the applicant.

   C.   The board of adjustment shall forward a report of its findings, and any conditions imposed on approved variances, promptly to the planning and zoning commission and the city council. Transmitted meeting minutes will satisfy this requirement.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. No. 1397.17.43 § 2, 2012; Ord. 1178 § 5, 1987)

   In the event the board of adjustment disapproves an application for a variance, no permit shall be issued pending appeal to the superior court. The appeal shall be perfected within thirty days from the date the disapproval is officially entered on the minutes of the board. If the court shall overrule the action of the board, then the planning director shall issue the requested permit without further action by the board; unless the court orders the board to hold a further hearing to permit the board to fix conditions or require guarantees as set forth in Sections 17.54.070 and 17.54.080.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 6, 1987)

   In approving any variance, the board of adjustment may impose such conditions as necessary to ensure the character of the area in which the variance is granted is maintained in accordance with the objectives of this title.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 7, 1987)

   Where necessary, the board of adjustment may require guarantees, in such form as it may deem proper under the circumstances, to insure compliance with any conditions imposed. Where any condition under which a variance has been granted is violated, the variance shall cease to exist and the permit shall become null and void.

(Ord. 1397.17.48 § 1 (part), 2018; Ord. 1178 § 8, 1987)