Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zoning district, relief from the development standards may be secured by the granting of a variance from those standards. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this chapter. Under no circumstances will a variance from permitted or conditionally permitted uses be considered or granted.

(Prior code § 7288.01)

An application for a variance shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Site development plan drawn at a scale specified by the planning director, which includes:

1.

Location of all existing buildings, structures, and improvements on the property,

2.

Location of all proposed buildings, structures and improvements on the property,

3.

North arrow;

F.

Elevations of all buildings or structures related to the variance sought;

G.

A narrative description of the proposed use or development, including:

1.

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and section(s) of this title containing the standards from which variance is sought,

3.

Explanation of the variance sought,

4.

Reasons which the applicant feels justify the granting of the variance;

H.

Signatures or letter of consent from all property owners of record unless county initiated.

(Ord. G-6077 § 361, 1994: Ord. G-4832 § 180, 1988; Prior code § 7288.02)

The application for a variance shall be reviewed and approved, conditionally approved or denied by the decision-making authority in accordance with the procedures set out in Chapter 19.102 of this title.

(Prior code § 7288.03)

The decision-making authority may approve or conditionally approve an application for a variance if it finds all of the following:

A.

Special circumstances exist applicable to the subject property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district or districts;

B.

The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is located;

C.

The granting of the variance will not be materially detrimental to the public health, safety or welfare or to property or residents in the vicinity.

(Prior code § 7288.04)

A.

Any variance granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this title. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a variance has been approved pursuant to this chapter has not commenced, or permits for each development have not been issued, within one (1) year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the decision-making authority, upon the written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this title.

(Prior code § 7288.05)

Any variance issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7288.06)