24 - VARIATIONS
Sections:
Variations from the regulations of this title shall be granted by the Board of Appeals only in accordance with the standards established in Sections 17.24.020 through 17.24.050 of this chapter and may be granted only in the following instances, and in no others:
A.
To permit a yard or setback required by the applicable regulations for those situations not covered by Chapters 17.36 through 17.64 but in no event shall the Board permit a yard or setback less than eighty percent of the required yard or setback;
B.
To permit the use of a lot or lots for a use otherwise solely prohibited because of insufficient area or width of the zoning lot for those situations not covered by Chapters 17.36 through 17.64 but in no event shall the respective area and width of a zoning lot be less than eighty percent of the required area and width;
C.
To reduce applicable accessory off-street parking or loading spaces required by not more than one parking space or loading space, or twenty percent of the applicable regulations, whichever number is greater;
D.
To increase by not more than fifteen percent the maximum gross floor area of any use so limited.
Before granting any variation, the Board shall hear sworn evidence upon it and determine that:
A.
The property in question cannot be economically used or cannot yield a reasonable return if permitted to be used only for conditions allowed by the regulations;
B.
The plight of the owner is due to unique circumstances; and
C.
The variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.
Every decision or order of the Board granting a variation shall include findings of fact specifying the reason for granting the variation, including specifically, a finding that the evidence adduced at the hearing sustains each of the conditions enumerated in Section 17.24.020.
The Board or the City Council may prescribe such conditions or restrictions applying to the grant of a variation as it may deem necessary in the specific case to minimize the adverse effects of such variation upon other property in the neighborhood, and to secure the public health, safety, and other aspects of the general welfare.
Failure to comply with all of the conditions or restrictions included in the grant of a variance shall constitute a violation of this title.
24 - VARIATIONS
Sections:
Variations from the regulations of this title shall be granted by the Board of Appeals only in accordance with the standards established in Sections 17.24.020 through 17.24.050 of this chapter and may be granted only in the following instances, and in no others:
A.
To permit a yard or setback required by the applicable regulations for those situations not covered by Chapters 17.36 through 17.64 but in no event shall the Board permit a yard or setback less than eighty percent of the required yard or setback;
B.
To permit the use of a lot or lots for a use otherwise solely prohibited because of insufficient area or width of the zoning lot for those situations not covered by Chapters 17.36 through 17.64 but in no event shall the respective area and width of a zoning lot be less than eighty percent of the required area and width;
C.
To reduce applicable accessory off-street parking or loading spaces required by not more than one parking space or loading space, or twenty percent of the applicable regulations, whichever number is greater;
D.
To increase by not more than fifteen percent the maximum gross floor area of any use so limited.
Before granting any variation, the Board shall hear sworn evidence upon it and determine that:
A.
The property in question cannot be economically used or cannot yield a reasonable return if permitted to be used only for conditions allowed by the regulations;
B.
The plight of the owner is due to unique circumstances; and
C.
The variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.
Every decision or order of the Board granting a variation shall include findings of fact specifying the reason for granting the variation, including specifically, a finding that the evidence adduced at the hearing sustains each of the conditions enumerated in Section 17.24.020.
The Board or the City Council may prescribe such conditions or restrictions applying to the grant of a variation as it may deem necessary in the specific case to minimize the adverse effects of such variation upon other property in the neighborhood, and to secure the public health, safety, and other aspects of the general welfare.
Failure to comply with all of the conditions or restrictions included in the grant of a variance shall constitute a violation of this title.