The intent and purpose of this chapter is to establish regulations and procedures applicable to unusual uses of land where the circumstances and conditions require special attention, and where the application of this title during the course of the administration and enforcement, results in the inconsistency with the general intent and purpose thereof.

Regulations governing permits for variances from the provisions of this title shall be as set forth in this chapter.

The intent and purpose of this chapter is to recognize that the uniform administration and enforcement of the provisions of this title may result in creating inconsistencies with its general intent and purpose. It is also the intent and purpose of this chapter to provide a means by which a variance from the provision of this title may be determined, and to prevent discrimination and special privileges not otherwise shared or enjoyed by other property in the same vicinity and zone. The intent and purpose of this chapter is to be only concerned with the inconsistencies created through the administration and enforcement of those regulations governing the physical development of property, and shall not in any manner apply to uses of land.

Whenever the strict and literal administration, enforcement and interpretation of regulations governing the physical development of property, as set forth in this title, create practical difficulties, unnecessary hardships, or inconsistencies therewith, the planning commission and zoning administrator shall have the authority, subject to the provisions of this chapter, to grant, upon such conditions as may be determined, such a variance from the provisions thereof as may be in harmony with the general intent and purpose of this title, to protect the public health, safety, environment and welfare.

Prior to the granting of any variance permit or minor variance permit, the planning commission and zoning administrator shall first determine the requirements for qualification by making all the following findings of fact:

The zoning administrator, prior to accepting an application for a variance permit or minor variance permit, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect.

The zoning administrator may issue a variance permit approved by the planning commission and a minor variance permit on his or her own approval which comply with the provisions of this chapter, on forms prescribed by the zoning administrator, and may require additional terms and conditions of permit issuance considered necessary to assure the integrity of the permit and property in the area, vicinity and zone classification, and to be certain that such permit is not discriminatory or in effect granting a special privilege not otherwise shared. A variance permit and minor variance permit approved by the planning commission and zoning administrator respectively, shall take effect upon such approvals and shall be exercised within thirty days thereafter or such permits shall expire and automatically become null and void. Should, at any time during the period which such permits are in effect, the zoning administrator find that performance thereof is in violation of the provisions of this chapter and/or terms and conditions subject thereto, he or she shall forthwith by declaration serve notice of violation thereof and shall revoke same.

A variance permit shall only be considered for variations from the provisions of Chapters 18.42, 18.44, 18.46 and 18.50 of this title. Regulations governing issuance of a variance permit shall be as set out in this article.

Any owner of property who can show and support the requirements for qualification may file with the zoning administrator an application for approval of a variance permit, verified by the owner on forms prescribed by the zoning administrator, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include such information as the zoning administrator may require.

The planning commission shall cause to be made, by its own members and the zoning administrator, such investigations of facts bearing upon an application that will assure appropriate disposition thereof consistent with the provisions of this title and the general plan. The zoning administrator shall prepare and transmit a written report, based upon an inspection of the property and an examination of the application and other written investigations, to the owners and/or applicant and the planning commission not less than five days prior to the date set for public hearing.

A minor variance permit shall only be considered for minor variations from the provisions of Chapters 18.42, 18.44, 18.46 and 18.50 of this title. Regulations governing issuance of a minor variance permit shall be as set out in this article.

Any owner of property who can show and support the requirements for qualification, as hereinabove set forth in Section 18.60.060, and who qualified for a minor variance permit as hereinafter provided, may file with the zoning administrator an application for approval of a minor variance permit, verified by such owner on forms prescribed by the zoning administrator, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include such information as the zoning administrator may require.

Any owner of property who has shown and supported the requirements for qualification, but whose request for approval is minor in scope and nature, and involves only a minor variation not exceeding a twenty-five percent increase or reduction of the particular regulations governing the physical development of property, may qualify for a minor variance permit.

The zoning administrator shall have the authority to approve a minor variance permit which does not exceed a twenty-five percent increase or reduction of the particular regulations governing the physical development of property without holding a public hearing. Such increase or reduction shall not involve a variation from more than three such regulations. The zoning administrator shall process a minor variance permit in the following manner: