Director of Planning May Grant. The Director of Planning shall have the authority, as an administrative act, to grant variances of 10% for front yard, side yard, and rear yard setback requirements and for dwelling unit size requirements relating to attached additions, remodeling, or rehabilitating existing developed dwelling units in all residential zones. A nonconforming building, nonconforming only as to the yard regulations, may not be increased in size unless the addition conforms to the zoning regulations; provided, however, that the addition may be located in a required yard if it does not encroach into any portion of the required yard to a greater extent than the existing nonconforming building. In no event shall any such addition reduce the width of a side yard to less than three feet, or the depth of a front or rear yard to less than 50% of that required by the yard regulation of the zone. The total of all additions encroaching into any required yard shall not exceed the height or length of that portion of the adjoining nonconforming building extending into the same required yard. If any party is dissatisfied with or aggrieved by the action of the Director of Planning, such party may appeal such action to the Planning Commission within the time limit and manner procedurally provided in Section 17.48.050 of this Code.

Purpose. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone; provided, that a variance may be granted permitting the temporary establishment of uses necessary by reason of public emergencies or need, or to permit the permanent establishment of a use essential for necessary service to the public if such use is found to be not incompatible to the classes of use permitted in the zone.

Required Showings for Variances. Before any variance may be granted, it shall be shown:

Grant—Conditional Use Construed. A conditional use as defined by this chapter means a use which:

Additional Information Required. In addition to the information required in the application, the applicant for a conditional use permit shall substantiate to the satisfaction of the Planning Commission or City Council, or both, the following facts:

Generally. Not more than 30 days following the termination of the proceedings of the public hearing on a variance, conditional use permit or unclassified use permit, the Planning Commission shall announce its findings by formal resolution, and such resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the granting or denial of the variance, conditional use permit or unclassified use permit necessary to carry out the provisions and general purpose of this chapter, and shall order that the variance, conditional use permit or unclassified use permit be granted or denied, and if such resolution orders that the variance, conditional use permit or unclassified use permit be granted, it shall also recite such conditions and limitations as the Planning Commission may impose.

To Be Numbered and Maintained as Permanent Record. The formal resolution of the Planning Commission announcing its findings and order after hearing on an application for a variance, conditional use permit or unclassified use permit shall be numbered consecutively in the order of their filing and shall become a permanent record in the files of the Planning Commission.

Copy to Be Mailed to Applicant. Not later than 14 days following the rendering of a decision ordering that a variance, conditional use permit or unclassified use permit be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the Planning Commission.

Any order, decision, requirement, ruling or determination of the City Planning Commission may be ordered by any member of the City Council to be set for hearing de novo before itself.

The written order of the City Councilmember setting such matter for hearing de novo before itself must be made within 10 days after the written rendition has been given of the action of the Planning Commission. Said order shall be filed with the City Clerk.

In the event the City Council or member thereof orders any public hearing de novo such hearing de novo shall be in the manner and method as set forth in subsection D, and with notice to the applicant. The City Council shall have the same rights, duties and powers as to said hearing de novo as are set forth in subsections E and F.

Transmission of Record to Council—Notice and Hearing by Council.

Adverse Decision by Council May Be Referred to Planning Commission. If the City Council proposes an action that is in any way contrary to the action taken by the Planning Commission, it may refer its findings to the Planning Commission and request a further report of the Planning Commission on the matter. Failure of the Planning Commission to report to the City Council within 40 days after reference may be deemed to be an approval by the Planning Commission of any proposed change.

Resolution of Council Granting, Denying, Etc., Variance, Conditional Use Permit or Unclassified Use Permit.

That the approval was obtained by fraud.

That the use for which such approval was granted is not being exercised.

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.

That the conditional use permit, unclassified use permit or variance is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, provision of this Code, ordinance, law or regulation.

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

A conditional use permit, unclassified use permit or variance, subject to expiration under Section 17.48.090 may be renewed for an additional period of one year; provided, that prior to the expiration date, an application for renewal of the conditional use permit, unclassified use permit or variance is filed with the Planning Department.

The Planning Commission, after a public hearing, may grant or deny an application for renewal of a conditional use permit, unclassified use permit or variance, subject to the modification of existing conditions of approval, and/or the addition of new conditions of approval.