The planning commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning title is provided by the conditional use, planned unit development and amendment provisions of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission may grant variances to the regulations prescribed by this title only with respect to size, shape, topography, location or surroundings, and including fences and walls, site areas, coverage, yards, height of and distances between structures, off-street parking facilities and off-street loading facilities.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

Application for a variance shall be made to the planning department on a form prescribed by the department which shall include the following data:

1.

Name and address of applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

3.

Address or description of property.

4.

Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 17.84.010, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 17.84.060.

B.

The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

C.

The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

D.

The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission shall give notice and hold a public hearing on each application for a variance.

Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by (1) mailing a notice of the time and place of the hearing to all property owners within three hundred (300) feet of the area occupied by the proposed use; and by (2) publishing a notice at least once in a newspaper of general circulation in the city.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

At a public hearing, the commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.84.060.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

The commission shall act on the application within thirty (30) days after the close of the public hearing. The commission may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:

1.

That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

2.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district. The commission may grant a variance with respect to off-street parking or loading requirements as the variance was applied for or in modified form if the commission makes the following additional findings:

3.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

4.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

5.

That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning title.

B.

Notwithstanding the provisions of subsection A. of this section, the commission may grant a variance with respect to off-street parking for non-residential development in order that some or all of the required parking spaces can be located offsite, including locations outside of the city limits, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following conditions are met:

1.

The variance will be an incentive to, and a benefit for the non-residential development.

2.

The variance will facilitate access to the non-residential development by patrons of public transit facilities.

C.

In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A. of this section.

D.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.

E.

A variance shall become effective ten (10) calendar days following the date on which the variance was granted by the commission unless an appeal is filed with the city council. The first day being the day following the approval.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The decision of the planning commission on a variance shall be subject to the appeal provisions of Section 17.04.090 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Before a building permit shall be issued for any building or structure proposed as part of the approved variance application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application. A variance may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the variance originally became effective, a request for renewal of the variance is made in writing to the planning commission. The commission may grant or deny a request for renewal of a variance.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Upon violation of any applicable provisions of this chapter, or the violation of failure to complete or satisfy any of the provisions of an approved variance, including without limitation, compliance or satisfaction of any variance conditions of approval, a variance shall automatically be suspended. Notice of such suspension shall be sent to the person or persons responsible for non-compliance by the planning department. Within thirty (30) days after the suspension, the planning commission shall consider the suspension, if the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the variance approval or take such other action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six (6) months of the date of denial of the variance application or revocation of the variance.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)