(1)

Application Process. See sections 18.10.020 and 18.10.040 for application process.

(2)

Approval standards. The administrative variance may be granted if it is demonstrated that:

(a)

The administrative variance is necessary to overcome a practical difficulty that is presented by the unusual physical conditions of the lot, which may include the location and configuration of existing buildings, structures, or natural features; and

(b)

Relief may be granted without altering the essential character of the neighborhood and without substantial detriment to public good; and

(c)

With regard to sign height or sign area, the increase in sign height or sign area does not exceed ten percent.

(d)

With regard to decreasing the number of required parking spaces, the decrease does not exceed five percent of the number of parking spaces that are otherwise required.

(3)

Approval conditions. The director may impose conditions of approval that will secure substantially the objectives of the standard that is modified, and that will substantially mitigate potential adverse impacts on the environment or on adjacent properties.

(Ord. No. 2252, § 4(Exh. C), 1-28-2025; Ord. No. 2209, § 2(Exh. D), 6-6-2023)

(1)

Application process. Applications for public hearing variances may be approved by the planning commission as provided herein. Such applications shall be filed with the director as provided in section 18.12.030. Upon a determination that the application is complete, the application shall be placed on the public hearing agenda of the planning commission.

(2)

Limitations.

(a)

Form zones. No application for public hearing variance shall be approved within a form zone with regard to a standard or guideline that is otherwise subject to adjustment under division VII of chapter 18.29. Such matters shall be processed as provided in division VII of chapter 18.29.

(b)

Land use and residential density. No application for public hearing variance shall be approved that would have the effect of allowing a use of land or buildings that is not otherwise allowed by this title, or a number of residential dwelling units that is not otherwise allowed by this title.

(c)

Planned unit development (PUD). No application for public hearing variance shall be approved that adjusts any standards pertaining to a PUD unless the use of the variance procedure is authorized by the PUD official development plan (ODP) or the ordinance approving the PUD/ODP.

(3)

Notice. See section 18.10.040 for notice procedures.

(4)

Approval standards. The planning commission shall grant the requested variance if it is within the limitations set out in subsection (2), above, and it is demonstrated that:

(a)

There are unique physical circumstances or conditions present with respect and peculiar to the subject property such as exceptional irregularity, narrowness, or shallowness, or exceptional topographic or other physical conditions, or other extraordinary and exceptional situation or condition, which circumstances or conditions were present at the time of the enactment of the standard from which the variance is sought;

(b)

Due to the circumstances or conditions set out in subsection (4)(a), above, the strict application of the subject standard would result in peculiar, exceptional, and undue hardship upon the owner of such property;

(c)

The variance, if granted, will not result in substantial detriment to the public good or substantially impair the intent and purpose of this title; and

(d)

The variance, if granted, will not alter the essential character of the neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjoining property.

(5)

Approval conditions. The planning commission may impose conditions of approval that will secure substantially the objectives of the standard that is modified, and that will substantially mitigate potential adverse impacts on the environment or on adjacent properties, including, but not limited to, additional landscaping or buffering.

(Ord. No. 2252, § 4(Exh. C), 1-28-2025; Ord. No. 2209, § 2(Exh. D), 6-6-2023)