To prevent or to lessen practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title that would result from a strict or literal interpretation and enforcement of certain of the regulations of this title, the planning commission or zoning administrator is empowered to grant variances. The procedure is intended to resolve practical difficulties or unnecessary physical hardships which may result from size, shape or dimensions of a site or the location of existing structures thereon; and from geographic, topographic or other physical conditions on the site or in the immediate vicinity.

A variance shall not be granted which authorizes a use which is not expressly permitted or conditionally permitted by the zoning district governing the site.

(Ord. 785 § 3(b) (part), 1994)

The granting of a variance shall not be required for variations of site development standards approved pursuant to Chapter 18.18, Special Purpose Overlay Districts.

(Ord. 785 § 3(b) (part), 1994)

The application for a variance shall be filed with the planning department on the prescribed form and shall be accompanied by the required fee and all supporting materials listed on the form.

(Ord. 785 § 3(b) (part), 1994)

The planning commission may grant variances to the regulations prescribed by this title, in accord with the procedures prescribed by this chapter, for site area, height, density, lot frontage and width, signs, and off-street parking and loading, and as referred by the zoning administrator.

The zoning administrator may grant variances to the regulations prescribed by this title, in accord with the procedures prescribed by this chapter, except that, if the zoning administrator finds that an application involves a significant policy issue or that there is substantial public controversy, the application may be referred to the planning commission for hearing and action.

(Ord. 785 § 3(b) (part), 1994)

The planning commission shall hold a public hearing on each application for a variance which it is authorized to grant. The hearing shall be set and notice given as prescribed in Chapter 18.36, Administration.

For variances to all other provisions of this title, notice shall be given as prescribed in Chapter 18.36, Administration. The notice shall be mailed at least ten days before a decision is reached by the zoning administrator, but no hearing need be held.

(Ord. 785 § 3(b) (part), 1994)

The planning commission or zoning administrator may grant a variance as it was applied for or in modified form if, on the basis of the application and the evidence submitted, the planning commission or zoning administrator makes all of the findings prescribed in Subsection (1) of this section, and makes the additional findings prescribed in Subsection (2) for a variance to a regulation with respect to off-street parking facilities or off-street loading facilities.

(1)

Findings for all variances.

(A)

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, that do not apply generally to other properties in the vicinity and under identical zone classification.

(B)

Because of these special circumstances, the strict application of the title will result in practical difficulty and unnecessary physical hardship and will deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(C)

The variance or adjustment will not constitute a grant of special privileges and is consistent with the limitations upon other properties in the vicinity and under identical zone classification.

(D)

The granting of the variance or adjustment will not be detrimental to the public welfare or materially injurious to other property in the vicinity.

(E)

The variance is consistent with the objectives of this title and with the general plan.

(2)

Findings for variances to off-street parking or off-street loading regulations.

(A)

Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

(B)

Granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

(C)

Granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this title.

(Ord. No. 910, § 35, 4-21-2009; Ord. No. 1038, § 21, 7-16-2024)

Notice of the zoning administrator's decision shall be mailed to the applicant and to all those commenting on the application.

A variance may be revocable, may be granted for a limited time period, may be granted subject to such conditions as the planning commission or zoning administrator may prescribe, or may be denied.

A variance shall become effective upon the expiration of ten days following the date upon which the variance was granted unless appeal has been made to the planning commission or town council or the matter has been called up for review by a member of the planning commission or town council, as provided by Chapter 18.34, Appeals.

(Ord. 785 § 3(b) (part), 1994)

A variance approval shall lapse and become null and void one year following the date on which the variance became effective unless, prior to the expiration of the one-year period, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a certificate of occupancy is issued for the site or structure which was the subject of the variance application.

A variance approval may be renewed for an additional period of one year, provided that, prior to the expiration of one year from the date when the variance originally became effective, an application for renewal of the variance is filed with the planning department. The planning director may grant an application for renewal of the variance where no change in the original application or any condition of approval thereof is requested, but an application for renewal involving any change from the original application or approval conditions shall be treated as a new application for a variance and shall be subject to all applicable provisions of this chapter.

(Ord. 785 § 3(b) (part), 1994)

A variance granted subject to a condition or conditions shall be revoked by the planning commission if the condition or conditions are not complied with; provided, that the commission shall hold a public hearing on the revocation.

(Ord. 785 § 3(b) (part), 1994)

Violation of a variance, or of any required conditions, constitutes a violation of this title.

(Ord. 785 § 3(b) (part), 1994)

Following the denial or revocation of a variance application, 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 or revocation of the variance, unless the denial or revocation is made without prejudice.

(Ord. 785 § 3(b) (part), 1994)