It is recognized that there are special uses which, because of their unique characteristics or temporary nature, cannot be properly classified in any particular zoning district without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. This section of the zoning code contains the application, review, and approval requirements for these uses and variances. The permit review timeline is outlined in Section 17.04.060.

(Ord. No. 05-6, § 3 (5.000), 12-27-05)

The city council may grant variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized in the district in which the proposed use would be located. In granting a variance the city council may attach conditions which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purposes of this title.

(Ord. 523 § 1 (part) Exh. A § 13.010, 1998)

No application for variance shall be granted unless the city council finds:

A.

The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located;

B.

That such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use, rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;

C.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity and zone in which the subject property is situated;

D.

The hardship asserted by the applicant is not the result of the applicant's or the owners' action.

(Ord. 523 § 1 (part) Exh. A § 13.020, 1998)

A request for a variance, conditional use, secondary use, or critical area review may be initiated by a property owner or his authorized agent by filing an application with the city clerk on forms proscribed by the city. The completed application pursuant to Section 17.04.060 shall be accompanied by a statement showing the conditions for granting under Section 17.60.020 of this chapter have been met by the applicant's property, together with a site plan, drawn to scale, showing the dimensions and arrangements of the proposed development and its relationship to the surrounding property, together with a fee of seventy-five dollars ($75.00), which shall be nonrefundable. In addition to such fee, the person filing such request shall pay on demand by the city clerk the actual cost incurred by the city in connection with such request, and all actions taken pursuant thereto for copying, publication cost, postage and recording fees. No final action shall be taken upon such request until the application is deemed complete by the city clerk and until all such fees and cost have been paid in full. The fees herein provided may hereafter be increased or decreased by resolution duly enacted by the city council.

(Ord. 523 § 1 (part) Exh. A § 13.030, 1998)

(Ord. No. 05-6, § 3 (13.030), 12-27-05)

Editor's note— Ord. No. 05-6, § 3 (13.040), adopted December 27, 2005, repealed § 17.60.00, which pertained to notices and public meeting and derived from Ord. No. 523, § 1 (part) Exh. A § 13.040, 1998.

A.

Upon receipt of a complete variance application request, the city clerk and the chair of the planning commission shall set the date for a public hearing to review such application. Such hearing shall be set not later than thirty (30) days after receipt of the completed application by the city clerk. The planning commission shall provide notice of such hearing pursuant to Section 17.60.040.

B.

Any person interested in any application for variance may appear at the planning commission hearing set for review thereof and present his or her remarks. Upon conclusion of the hearing the planning commission shall recommend to the city council action on the variance request which recommendation may be to either approve the variance request, deny the variance request or approve the variance request with conditions.

C.

The planning commission may recess a hearing on a request for a variance, at the request of the applicant, in order to allow the application to provide additional information. The planning commission may also recess the variance public hearing on its own motion, in order to obtain additional information itself. Upon necessity of recess for these purposes, the planning commission shall announce the time and date when the hearing will be resumed.

D.

The planning commission shall make its recommendation to the city council on any variance request within twenty (20) days after completion of the public hearing. All planning commission actions on a variance request shall be completed within sixty (60) days after the date of the first public hearing unless the applicant has requested an extension of the public hearing and has failed to provide additional information to the planning commission in a timely fashion, in which case at the end of such sixty (60) day period the planning commission shall recommend denial of the variance application to the city council.

E.

The planning commission shall cause written notification of the planning commission's recommendation to the city council to be mailed to the applicant requesting said variance and to the city council within five days after the planning commission shall have concluded its hearing.

(Ord. 523 § 1 (part) Exh. A § 13.050, 1998)

At the next regularly scheduled city council meeting after receipt of recommendations from the planning commission on a variance request, the city council shall review the variance application and the recommendations of the planning commission and shall reach a decision on the variance request, based on information provided to it in the application and by the planning commission report of proceedings and recommendation and the city council shall make its decision on the variance application based on the condition set for granting variance in Section 17.60.020.

The city council shall make its decision on the variance, conditional, secondary use, or critical area application based on the conditions set forth in this section. The city council shall cause written notification of its action to be provided pursuant to Section 17.04.050.

(Ord. 523 § 1 (part) Exh. A § 13.060, 1998)

(Ord. No. 05-6, § 3 (13.060), 12-27-05)