The development standards in this development code protect the public health, safety and welfare by establishing standard setbacks, maximum building heights and other development standards that apply to various uses. For lands or uses with unique characteristics the intent and purpose of the development standards may be maintained while allowing for a variance to quantifiable requirements only. (2/01)

A minor variance may be approved for those requests resulting in no more than a 20 percent change in a quantifiable standard. Otherwise, any change to a quantifiable standard greater than 20 percent will require a major variance. (2/01)

An application for a variance shall be filed with the city and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this section. (5/98)

Under the following provisions, a property owner or his designate may propose a modification or variance from a standard or requirement of this ordinance, except when one or more of the following apply: (5/98)

A.

The proposed variance would allow a use that is not permitted in the district; (5/98)

B.

Another procedure and/or criteria is specified in the ordinance for modifying or waiving the particular requirement or standard; (5/98)

C.

Modification of the requirement or standard is prohibited within the district; or

D.

An exception from the requirement or standard is not allowed in the district. (5/98)

The planning commission may grant a minor variance from a requirement or standard of this ordinance in accordance with the Type II-C review procedures, provided that the applicant provides evidence that the following circumstances substantially exist: (5/98)

A.

1.

The intent and purpose behind the specific provision sought to be varied is either clearly inapplicable under the circumstances of the particularly proposed development; or, (7/03)

2.

The variance requested is consistent with the intent and purpose of the provision being varied; or (7/03)

3.

The applicant in good faith is unable to comply with the standard without undue burden which is grossly disproportionate to the burden born by others affected by the specific provisions of the code sought to be varied; (7/03)

B.

The impact of the development due specifically to the varied standards will not unreasonably impact adjacent existing or planned uses and development; and (7/03)

C.

The minor variance does not expand or reduce a quantifiable standard by more than 20 percent and is the minimum necessary to achieve the purpose of the minor variance; and (5/98)

D.

There has not been a previous land use action approved on the basis that a minor variance would not be allowed. (5/98)

(Ord. No. 2024-878, § 2(exh. B), 7-15-2024)

The planning commission may grant a major variance from a requirement or standard of this ordinance in accordance with the Type II-C review procedures, provided that the applicant provides evidence that the following circumstances substantially exist: (7/03)

A.

The degree of variance from the standard is the minimum necessary to permit development of the property for uses allowed in the applicable zone; and (5/98)

B.

The applicant in good faith is unable to comply with the standard without undue burden. The applicant must demonstrate that the burden is substantially greater than the potential adverse impacts caused by the proposed variance; and (7/03)

C.

The variance will not be unreasonably detrimental to property or improvements in the neighborhood of the subject property; and (5/98)

D.

There has not been a previous land use action approved on the basis that variances would not be allowed; and (5/98)

E.

The variance will not significantly affect the health or safety of persons working or residing in the vicinity; and (7/03)

F.

The variance will be consistent with the intent and purpose of the provision being varied. (7/03)

(Ord. No. 2024-878, § 2(exh. B), 7-15-2024)

Upon review of those criteria, the findings may be considered to impose specific conditions of approval. The effective date or duration of a variance may be limited. (2/01)

Unless otherwise provided in the final decision granting this variance, any variance granted pursuant to this chapter shall run with the land and shall automatically transfer to any new owner or occupant, subject to all conditions of approval. (5/98)

A.

Sign. Pursuant to section 2.308.10, modification of the sign standards requires a variance. The sign variance contains specific decision criteria which is found in section 2.308.10. A variance request for signs is subject to a Type I-B review process with appeals to the hearings officer. (2/01)

B.

Floodplain. Pursuant to section 2.122.03.D, modification of the floodplain standards requires a variance. The floodplain variance contains specific decision criteria which is found in section 2.122.03.D.1. A variance request is subject to a Type I-B review process with appeals to the hearings officer. (6/23)