Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, a variance may be granted as provided by this chapter.

(Ord. 635 § 22.1, 1965)

Application for a variance shall be made on a prescribed form and shall be accompanied by the following:

A.

Nonrefundable filing fee, to be established by resolution of the city council;

B.

Three copies of a site or elevation plan (at least eight and one-half by eleven inches) showing, where applicable, the size of the lot, dimensions and location of proposed and existing buildings or structures on the lot.

(Ord. 880 § 4, 1978: Ord. 635 § 22.2, 1965)

A public hearing shall be held within ninety days after the filing of the application. Notice of such hearing shall be given in the same manner as prescribed by Section 17.44.030.

(Ord. 635 § 22.3, 1965)

Within ninety days after the close of the public hearing, the planning commission shall approve, conditionally approve or disapprove the application and shall notify the applicant in writing of its decision.

(Ord. 635 § 22.4, 1965)

Prior to the approval of any variance from the strict application of any provision of this title, the planning commission shall find:

A.

That because of exceptional conditions applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification;

B.

That the variance authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and under identical zoning district classification;

C.

That in the coastal zone the variance authorized is consistent with the policies, maps and public access component of the local coastal plan.

(Ord. 1006 § 11, 1983; Ord. 635 § 22.5, 1965)

The planning commission may designate such conditions in connection with the variance permit as it deems necessary to secure the purposes of this title, and may require guarantees and evidences that such conditions are being or will be complied with.

(Ord. 635 § 22.6, 1965)

Upon completion of the public hearing, the planning commission shall make a written report to the city council setting forth the recommendations and findings of the planning commission.

(Ord. 635 § 22.7, 1965)

Upon receipt of the planning commission's report, the city council may in its discretion affirm or deny the recommendation of the planning commission. The city council may designate and establish such conditions as it deems necessary in connection with the proposed variance and in accordance with the findings required by subsection (C) of Section 17.46.050, whether such conditions are different from, less than or in addition to those suggested by the planning commission.

(Ord. 1006 § 12, 1983: Ord. 635 § 22.8, 1965)

Despite any provision in this title to the contrary, failure of the city council to act upon any application for a variance shall not under any circumstance constitute an approval of such application.

(Ord. 635 § 22.9, 1965)

A variance granted in accordance with the terms of this title shall be automatically terminated if not used within one year from the date of approval. A variance shall not be deemed used or exercised until the permittee has actually obtained a building permit and commenced construction thereunder. Upon written request from the permittee, such variance may be extended by the city council for a maximum period of six months.

(Ord. 635 § 22.10, 1965)

Any variance permit granted in accordance with the terms of this title may be revoked if the terms and conditions imposed by the planning commission or city council are violated.

(Ord. 635 § 22.11, 1965)