The city council shall decide all applications for variations of the provisions of this article after a public hearing held before the zoning board of appeals. The zoning board of appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the city council. The zoning board of appeals shall recommend a variation only after they have made a finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in section 48-2024. No variation shall be granted by the city council without such findings of fact. When the zoning board of appeals fails to recommend a variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the city council.

(Code 2012, § 17.69.010; Ord. of 9-28-1966, § 12(G)(1))

An application for a variation may be made by any governmental office, department, board, bureau, or commission or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation.

(Code 2012, § 17.69.020; Ord. of 9-28-1966, § 12(G)(2))

An application for a variation shall be filed with the city clerk, who shall forward a copy of same to the zoning board of appeals without delay. The application shall contain such information as the zoning board of appeals may from time to time by rule provide. No more than 90 days after the filing of such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once not more than 30 days nor less than 15 days before the hearing in a newspaper of general circulation within the city. The published notice may be supplemented by such additional form of notice as the board may by rule provide.

(Code 2012, § 17.69.030; Ord. of 9-28-1966, § 12(G)(3))

(a)

The zoning board of appeals shall not recommend a variation of the regulations of this article as authorized in this chapter unless it has made findings of fact based upon the evidence presented to it in each specific case that:

(1)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;

(2)

The plight of the owner is due to unique circumstances;

(3)

The variation, if granted, will not alter the essential character of the locality;

(4)

For the purpose of implementing the above rules, the zoning board of appeals shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:

a.

The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

b.

The conditions upon which the petition for variation is based would not be applicable, generally to other property within the same zoning classification;

c.

The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

d.

The alleged difficulty or hardship has not been created by the owner of the property, or by a previous owner;

e.

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

f.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(b)

The zoning board of appeals may recommend, and the city council may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.

(Code 2012, § 17.69.040; Ord. of 9-28-1966, § 12(G)(4))

Variations from the regulations of this chapter shall be granted by the zoning board of appeals only in accordance with the standards set out in section 48-2024, and may be granted only in the following instances, and in no others:

(1)

To permit any yard or setback less than a yard or a setback required by the applicable regulations;

(2)

To permit the use of a lot or lots of record on the effective date of the ordinance codified in this article for a use otherwise prohibited solely because of insufficient area of the lot or lots;

(3)

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(4)

To reduce the applicable off-street parking or loading facilities required by ten percent of the applicable regulations;

(5)

To permit the substitution of a different nonconforming use for an existing nonconforming dwelling or structure, provided that a more compatible arrangement of land uses will result; and further, provided that the substitution of a different nonconforming use will not require enlargements or structural alterations to the nonconforming building or structure; however, once a different nonconforming use has been substituted, there shall not be a substitution back to the prior nonconforming use;

(6)

To permit the use of a lot for a use otherwise prohibited solely because of insufficient width of the lot.

(Code 2012, § 17.69.050; Ord. of 9-28-1966, § 12(G)(5); Ord. No. 4447, §§ 3, 4, 6-7-2021)