A variance is a modification of quantifiable/measurable (bulk regulation) requirements imposed by this title (e.g., lot/parcel: size, width, depth, coverage, street frontage required; structure heights, size or shape; parking space dimensions/quantities; setback or build to line requirements; sign dimensions/height; number of signs allowed; fence height; etc.). All variance permit applications must be approved by the planning and zoning director, or by city council (as authorized in this chapter) in order to be considered valid and in force. A variance shall not have the effect of allowing a use not otherwise allowed or conditionally allowed by chapter 3 of this title.

The council or the planning director or his/her designee, is empowered to grant variances in order to prevent or to lessen practical development difficulties, unique site circumstances and unnecessary physical, geographical hardships inconsistent with the objectives of zoning as would result from a literal interpretation and enforcement of certain of the placement, bulk or quantifiable regulations prescribed by this title.

A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of: a) special characteristics applicable to the site which deprive it of privileges commonly enjoyed by other properties in the same zone or vicinity, and b) the variance is not in conflict with the public interest. Hardships must result from special site characteristics relating to the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions, or from population densities, street locations, surrounding property land use/build-out patterns or condition(s), or traffic flow concerns, or other unique circumstances (i.e., historical or human error issues, etc.).

Variances are not intended to allow something that others do not have a permitted right to do. The purpose of a variance is to provide fair treatment and to see that individuals are not penalized because of site characteristics or a site situation beyond their control.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4671, § 1(Exh. A), 5-16-2022)

A.

Granting of variance permit. A variance to city code may be requested with respect to requirements for fences and walls, site, area, width, depth, coverage, front yard, rear yard, side yards, outdoor living area, height, size, or number of structures, distances between structures or landscaped areas as the variance was applied for or in modified form if, on the basis of application, investigation and evidence submitted, the following is found:

1.

Literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title.

2.

There are extraordinary site characteristics applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district.

3.

Literal interpretation and enforcement of the regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

4.

The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

5.

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

B.

Limited authority variance for setbacks, fence, wall or hedge height. The planning and zoning director or his/her designee, may grant variance permits for required front and/or street side yard setbacks or for fence, wall or hedge heights. In order to approve such variances, the following criteria shall be followed:

1.

In RS and RD zones, side and rear yard setbacks may be reduced to a minimum of three feet for accessory structures where hardships exist, including: topographical challenges, lot size, or confined buildable area. If a variance is granted, the structure shall be restricted within the reduced setback to a height of 12 feet.

2.

Variances for fence heights shall only be issued up to eight feet and only where topographical challenges exist.

3.

Variances to a residential front yard setback on a property shall maintain the following criteria:

a.

Garage or carport placement. The planning and zoning director, in consultation with city engineer, concludes that established or planned future right-of-way, will not result in a garage or carport being closer than 20 feet from the back of existing or future sidewalk, or 29 feet from the edge of the existing or planned future pavement, when sidewalk does not exist.

b.

Primary structure living area. The planning and zoning director concludes that established or planned future right-of-way, will not result in the primary structure living area being closer than 22 feet from the back of curb or 24 feet from edge of pavement when a curb does not exist.

4.

The planning and zoning director or his/her designee, must conclude that a request is acceptable based on the conclusions listed in subsection A of this section and also accept a substitute plan, which provides equal safety or aesthetics qualities by other means. The substitute plan must:

a.

Provide adequate vision clearance for vehicles, both those passing on the street and those leaving the development site.

b.

Include landscaping.

c.

Provide a front yard of at least one-half that required in the relevant zoning district along at least one-half the property's frontage.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4671, § 1(Exh. A), 5-16-2022; Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4809, § 1(Exh. A), 6-3-2024)

The use or construction permitted under the terms of any variance permit shall be commenced within a six-month period. If such use or construction has not commenced within such time period the variance shall no longer be valid. Prior to the expiration of the six-month period the planning and zoning director, or council, may, as a routine business item, and upon request of the applicant, extend approval for up to an additional six months from the original date of approval. The director or council may also establish conditions of approval in conjunction with issuance of a variance permit in order to improve or mitigate situations involving a variance request.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4671, § 1(Exh. A), 5-16-2022)

Application for a variance permit shall be filed with the planning and zoning department on a form prescribed by the city which shall include any information the director or his/her designee deems necessary.

The application shall be accompanied by an accurate scale 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.

The application shall be accompanied by the appropriate fee which is established by council resolution and is nonrefundable.

More than one variance may be requested in conjunction with an application and each item needing variance approval as part of the application will require separate director or council action but not separate advertisement, notification, or placement on an agenda.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4671, § 1(Exh. A), 5-16-2022)

A notice of the application (or public hearing when required to go to city council) shall be given not less than ten calendar days nor more than 30 calendar days prior to the date of the director's decision, or public hearing when being considered by city council, by mailing notices to property owners adjacent to the property being considered for a variance. The notice shall contain the address or location of property for which the application is taken as well as a brief description of the nature of the application.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4671, § 1(Exh. A), 5-16-2022)

A decision by the planning and zoning director or his/her designee, may be appealed to the city council at a duly noticed public hearing by submitting a variance application and fee to the planning and zoning department within 15 calendar days of the written decision.

(Ord. No. 4671, § 1(Exh. A), 5-16-2022; Ord. No. 4777, § 1(Exh. A), 12-18-2023)

A primary structure or accessory structure rebuild letter requires review and approval by the planning and zoning director or his/her designee. To be considered for a rebuild letter, the applicant shall provide a variance/rebuild application with all associated submittal materials. The following criteria shall apply to the review of any request for a rebuild letter:

1.

Literal interpretation and enforcement of the regulation would result in practical difficulty inconsistent with the objectives of this title.

2.

The granting of the rebuild letter will not constitute a grant of special privilege inconsistent with the area in which it is located.

3.

The granting of the rebuild letter will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity and in accordance with the rights afforded the owner of a lawful nonconforming use or structure.

A primary structure or accessory structure with a rebuild letter shall be allowed to be rebuilt on the existing foundation or footprint. The lot owner may work with the city to relocate the structure to more closely comply with any current setbacks with the written approval of the planning department director or his/her designee, and subject to other applicable city code provisions. If applicable, such relocation shall not remove the structure's status as a lawful nonconforming structure.

(Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4777, § 1(Exh. A), 12-18-2023)