A.   Authority: The commission or hearing examiner may authorize in specific cases a variance from the terms of this title as will not be contrary to the public interest, where, owing to unique physical and topographical conditions, such as steepness of slope or other conditions applying to a lot or building, the strict application of the zoning regulations will deprive the property of privileges enjoyed by other properties in the vicinity and under the same zoning classification. A variance is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front, side and rear yard setbacks, parking spaces, height of buildings, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.

   B.   Permitted, Nonconforming Uses Not Considered: Permitted or nonconforming use of neighboring lands, structures or buildings in other districts shall not be considered grounds for issuance of a variance.

   C.   Issuance Not Precedent: The issuance of a variance shall not be considered a precedent for the issuance of other variances.

   D.   Convenience, Right Or Privilege Not Consideration: Variances shall not be granted on the grounds of convenience and shall not be considered a right or special privilege.

   E.   Transferability: A variance is not transferable from one parcel of land to another. (Ord. 1191, 2015)

   A.   Procedure: An application for a proposed variance shall follow the procedures and be subject to the requirements established by section 17.03.070 of this title, shall be made by at least one holder of an interest in the real property for which the variance is proposed, and shall be reviewed by the commission or hearing examiner.

   B.   Information Required: The application shall include at least the following information:

      1.   Name, address and phone number of the applicant.

      2.   Proof of interest in the real property by the applicant, such as a deed, contract of sale or option to purchase.

      3.   Legal description of the property, including street address.

      4.   Description of the nature of the variance requested.

      5.   The section of the zoning regulations necessitating the variance request.

      6.   Explanation of undue hardship.

      7.   Unique physical characteristics of the lot or building that constitute the undue hardship.

      8.   Diagrams and plot plans as requested by the administrator showing the nature and extent of the proposed variance.

      9.   Shadow pattern showing the effect on neighbor's solar access, if applicable.

      10.   A list of the names and addresses of all property owners within three hundred feet (300') of the subject property.

      11.   Any other information as requested by the administrator to determine if the proposed variance meets the intent and requirements of this title.

      12.   A fee to be established in a separate ordinance approved by the council.

   C.   Concurrent Submission: A variance application may be submitted and reviewed concurrently with other applications affecting the same piece of property, with the approval of the administrator. Additional time for review of concurrent applications may be specified by the administrator. Concurrent submissions will be voted on separately. (Ord. 1191, 2015)

   A.   Notice: The administrator shall mail to each addressee on the list furnished by the applicant pursuant to subsection 17.12.020B10 of this chapter, a copy of the notice of the time and place of the hearing at least fifteen (15) days before the date set for the hearing. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.

   B.   Publication: The administrator shall have a copy of the notice published at least one time in the official newspaper of the city. The publication of the notice shall be at least fifteen (15) days before the date of the hearing.

   C.   Contents: The notice of the hearing which is mailed and published shall contain:

      1.   The time and place of hearing.

      2.   A brief description of the land which is the subject of the matter to be heard.

      3.   The purpose of the hearing and the use of the land which is sought.

      4.   Any other information which is necessary or desirable in the public interest.

   D.   Conduct Of Hearing: The commission or hearing examiner shall hear all persons interested in the matter. The applicant shall offer competent evidence in support of the application, sufficient to enable the commission or hearing examiner to consider the matter and to make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of his application.

   E.   Continuation: In any public hearing on a variance application, the presiding officer may order the hearing to be continued; in which case no further published notice shall be required.

   F.   Time Limit: No variance shall remain valid for a period of time greater than one year following the granting of such variance unless work pursuant to the variance has commenced. (Ord. 1191, 2015)

The commission or hearing examiner shall review the application for variance from this title and shall approve, conditionally approve or deny the variance application. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Before any variance can be granted, the commission or hearing examiner must make all of the following findings:

   A.   The variance, when granted, will not conflict with, or cause or allow any situation which is in conflict with, any existing federal, state or local law, or which may result in injury to the public.

   B.   The variance, when granted, will not effect a change in zoning.

   C.   The variance, when granted, will not cause damage or significant negative impact to the property of others.

   D.   Without the variance, the property owner shall suffer undue hardship and will be substantially deprived, by ordinance, of the privileges legally enjoyed by property owners of property within the vicinity of the subject property. (Ord. 1191, 2015)

   A.   Uses Not Permissible: Under no circumstances shall the commission or hearing examiner grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title.

   B.   Decision: The commission or hearing examiner shall make a decision to approve, conditionally approve or disapprove the application within fifteen (15) days after conclusion of the public hearing and issue its decision, together with the reasons therefor. The commission or hearing examiner shall review the application, all supporting documents and plans, and recommendations of city staff in making their decision. (Ord. 1191, 2015)

   A.   Authorized: Any affected person may appeal the decision of the commission or hearing examiner in accordance with section 17.03.050 of this title.

   B.   New Application Upon Denial: If the city denies an application, the applicant or his successor in interest may not file a new application for substantially the same variance for a period of one year from the date the hearing examiner or commission, or council in the case of an appeal, takes action. (Ord. 1191, 2015)

   A.   Specified: A variance which is not used within the time specified in the permit, or if no time is specified, within one year after the permit is granted, is void.

   B.   Discontinuance Of Use: A variance is void six (6) months after the use for which it is issued is discontinued. (Ord. 1191, 2015)