The following regulations apply to the granting of variances.

When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this title occur by reason of a strict interpretation of any of the provisions of this title, the planning commission upon its own motion may, or upon the verified application of any interested person shall, in specific cases initiate proceedings for the granting of a variance from the provisions of this title under demonstrated unique hardships which insure that the spirit and purposes of this title will be observed, public safety and welfare secured, and substantial justice done. All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or map.

Before a variance may be granted, all of the following shall be shown:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;

B.

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

C.

That the property owner would suffer a unique hardship under the general zoning regulations due to the property being different from other properties to which the regulations apply;

D.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity; and

E.

That the granting of such variance will not adversely affect the comprehensive general plan.

Applications for variances shall be accompanied by:

A.

A plot plan and description of the property involved showing the location of all existing and proposed buildings, additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission;

B.

A reference to the provisions of the ordinance from which said property is sought to be exempted.

The planning department shall review the application and prepare a staff report for action by the appropriate legislative body.

(Ord. 373, §27(a), 2023)

The planning department shall cause to be made or by members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous actions of the legislative bodies.

(Ord. 373, §27(b), 2023)

The application shall be set for hearing and properly noticed as specified in Chapter 18.06.