When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose and intent of this title occur by reason of the strict interpretation of any of its provisions, any property owner may initiate proceedings for consideration of a variance from the provisions of this title. A variance shall not be granted for a land use specifically prohibited in the zone by this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission, before it may grant a variance, shall make a finding that in the evidence presented, all of the following findings exist in reference to the property being considered:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other property in the same vicinity and zone;

B.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the zoning ordinance;

C.

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same vicinity and zone, and the adjustment thereby authorized shall not constitute a granting of special privilege inconsistent with the limitations upon other properties in the same vicinity and zone;

D.

The granting of the variance will not be materially detrimental to the public health, safety, convenience, and welfare or injurious to property and improvement in the same vicinity and zone in which the property is located;

E.

The granting of such a variance will not be contrary to the objectives of the general plan.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Application for a variance shall be filed by the owner of the property for which the variance is sought, or by the authorized representative of the owner.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Application for a variance shall be made to the Planning Commission on forms furnished by the Planning Division and shall set forth in detail the reasons for the requested variance, indicating how the findings set forth in section 18.31.020 are satisfied, and provide other information as may be prescribed by the Planning Commission to assist in determining the validity of the request. The applicant shall verify the petition and the date of verification shall be noted on the petition.

(Ord. No. 2020-1059, § 1, 3-23-2020)

When an application for a variance is filed, a filing fee shall be paid in an amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Division shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the purpose and intent of this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Public hearings shall be noticed and held on applications for variances in the manner required by law and in accordance with the provisions of section 18.32.160 of this Code.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Time limit. The Planning Commission shall, not less than ten or more than 30 days after the publications of legal notice of a public hearing, hold a public hearing on the variance application.

B.

Decision. The Planning Commission shall announce its decision within 30 days after the conclusion or the public hearing. The decision shall approve, approve with stated conditions, or disapprove the application, and shall set forth findings in support of the decision. No decision shall become final, however, until the ten-day appeal period has elapsed without an appeal having been filed.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission, in approving a variance, may set forth in its decision reasonable conditions which shall assure the purpose and intent of this title. A variance granted subject to a condition or conditions shall be revoked by the City Planning Commission if the condition or conditions are not complied with.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any person aggrieved by the actions of the Director of Community Development or Planning Commission regarding a variance application, may appeal therefrom by filing a written notice of appeal, within ten days of the final determination of the Director of Community Development or Planning Commission, on a form prescribed by the City which shall be filed with the City Clerk.

(Ord. No. 2020-1059, § 1, 3-23-2020)

All written notices of appeal shall be accompanied by a filing fee in the amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A public hearing shall be required for all appeals brought before the City Council regarding variances.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Time limit. The Council shall, not less than ten nor more than 30 days after the publication of legal notice of a public hearing on an appeal, hold a public hearing.

B.

Decision. The City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse or modify the action appealed as it deems just and equitable. The Council shall announce its decision within 30 days after the conclusion of the public hearing. The action of the City Council appeals shall be final, except that all aggrieved parties shall have the right to appeal further in a court of competent jurisdiction. Notification of the City Council action shall be mailed to the appellant at the address shown on the appeal.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Variances once granted may be modified or revoked as approved by to Planning Commission upon the application of any affected property owner or upon the application of the Director of Community Development. A public hearing shall be noticed and held as required by law, and in accordance with the provisions of section 18.32.160 of this Code, prior to any modification or revocation of a variance.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Each variance granted under the provisions of this chapter shall become null and void unless:

A.

The construction authorized by the variance has been commenced within 180 days, or such other period as may be established, after the granting of the variance and continued diligently to completion.

B.

The occupancy of land or buildings authorized by such variance has taken place within 180 days, or such other period as may be established, after the granting of such variance.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any variance granted pursuant to any zoning ordinance enacted prior to the effective date of this title, shall be construed to be a variance under this title, subject to all conditions imposed in such variance. Such variance may be voided provided in section 18.31.150.

(Ord. No. 2020-1059, § 1, 3-23-2020)