The planning commission has authority to grant variances, and to specify terms and conditions thereof, pursuant to the provisions of this title. The granting of any variance, and the conditions attached to such a grant, shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. Variances shall apply to regulations regarding structures and any physical conditions on the site, but shall not apply to types of uses, where the conditional use permit or zoning amendment is a more appropriate procedure.

(Ord. 211 (part), 1980: prior code § 11-1-1903.1)

Application for a variance shall be made to the planning commission on a form prescribed by the commission and shall be accompanied by a fee set by resolution of the city council sufficient to cover cost of handling the application. In addition to the information required on the form, the application shall provide any plans, drawings, or other information required by the planning commission to make the necessary findings.

(Ord. 211 (part), 1980: prior code § 11-1-1903.2)

The planning commission shall hold a public hearing on each variance application. Notice and procedures shall be in accordance with the provisions of Sections 17.52.040 and 17.52.050.

(Ord. 211 (part), 1980: prior code § 11-1-1903.3)

A.

The applicant for a variance shall show, and before a variance may be granted the commission shall find all of the following:

1.

That, because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title deprives the subject property of privileges in the vicinity and under identical zone classification.

2.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located.

3.

That the granting of such variance will not adversely affect the general plan or the purposes of this title.

B.

The commission may deny an application for a variance, may grant the variance as requested, or may grant a variance subject to such conditions and limitations as the commission may prescribe.

(Ord. 211 (part), 1980: prior code § 11-1-1903.4)

The effect of the commission's action, appeal to the city council, granting of building permits, lapse of variance, revocation, applicability and new applications shall be governed by the same procedures as conditional use permits, Chapter 17.52.

(Ord. 211 (part), 1980: prior code § 11-1-1903.5)

A.

Purpose and Procedure. A minor variance may be granted by the city administrator upon written request, subject to such conditions as he may impose without any notice or appeal if he finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.

B.

A minor deviation is:

1.

Reduction in lot area, lot dimensions, space between buildings, yard space, or population density requirements by not more than ten percent;

2.

Increase of lot coverage or height limitations by not more than ten percent;

3.

Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located.

C.

Application and Fee. The provisions of Section 17.54.020 shall apply.

(Ord. 211 (part), 1980: prior code § 11-1-1904)