The city planning commission may grant variances in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. A practical difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning ordinance is provided by the conditional use provisions of this title. (Ord. 2017-01 (part), 2017: prior code § 7555)

   The city planning commission may grant variances to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage coverage, front yard, rear yard, side yards, height of structures, distance between structures, off-street parking facilities, accessory dwelling unit standards pursuant to Sections 17.12.140 through 17.12.200, and downtown building design criteria pursuant to Sections 17.58.082 through 17.58.088; in accordance with the procedures prescribed in this chapter. (Ord. 2017-01 (part), 2017: prior code § 7557)

   A.   Application for a variance or exception shall be made to the city planning commission on a form prescribed by the commission and shall include the following data:

   1.   Name and address of the applicant;

   2.   Statement that the applicant is the owner of the property, is the authorized agent of the owners, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;

   3.   Address and legal description of the property;

   4.   Statement of the precise nature of the variance or exception requested and the hardship or practical difficulty that would result from the strict interpretation and enforcement of this title;

   5.   The application shall be accompanied by such sketches or drawings that may be necessary to clearly show applicant's proposal;

   6.   Additional information as required by the historic preservation advisory board;

   7.   When reviewing requests for an exception associated with a request for density bonus as provided in Chapter 17.32, Article 2, the applicant shall submit copies of the comprehensive development plan, sketches and plans indicating the nature of the request and written justification that the requested modifications result in identifiable cost reductions required for project to reach target affordability.

   B.   The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.

   C.   No variance shall be required for structures or devices that are necessary to facilitate reasonable access to a building or accommodation for persons with physical or non-physical disabilities.

(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: prior code § 7559)

   A.   The city planning commission shall hold a public hearing on an application for a variance.

   B.   Notice of a public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by mailing a notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing. (Ord. 2017-01 (part), 2017: prior code § 7560)

   The city planning staff shall make an investigation of the application and shall prepare a report thereon that shall be submitted to the city planning commission. (Ord. 2017-01 (part), 2017: prior code § 7561)

   At a public hearing the city planning commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.42.090. (Ord. 2017-01 (part), 2017: prior code § 7562)

   A.   The city planning commission may grant a variance to a regulation prescribed by this title with respect to fences and walls, site area, width, frontage, coverage, front yard, rear yard, side yards, height of structures, distances between structures or landscaped areas or in modified form if, on the basis of the application, the report of the city planning staff or the evidence submitted, the commission makes the following findings:

   1.   That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the zoning ordinance;

   2.   That there are exceptional or extraordinary circumstances or conditions 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 zone;

   3.   That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone;

   4.   That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone;

   5.   That 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.   The city planning commission may grant a variance to a regulation prescribed by this title with respect to off-street parking facilities, if, on the basis of the application, the report of the city planner or the evidence submitted the commission makes the findings prescribed in subsection (A)(1) of this section and that the granting of the variance will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

   C.   A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe.

   D.   The city planning commission may deny a variance application. (Ord. 2017-01 (part), 2017: prior code § 7563)

   The decision of the city planning commission on a variance or exception application shall be subject to the appeal provisions of Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2006-18 § 7, 2007: Ord. 2001-13 § 4 (part), 2001: prior code § 7565)

   A variance shall lapse and become void one year following the date on which the variance became effective, unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site that was the subject of the variance application, or a certificate of occupancy is issued by the building official for the site or structure that was the subject of the variance application. A variance may be renewed for an additional period of one year; provided, that prior to the expiration of one year from the date when the variance became effective, an application for renewal of the variance is made to the commission. The commission may grant or deny an application for renewal of a variance. (Ord. 2017-01 (part), 2017: Ord. 2006-18 § 7, 2007: prior code § 7567)

   A variance granted subject to a condition or conditions shall be revoked by the city planning commission if the condition or conditions are not complied with. (Ord. 2017-01 (part), 2017: Ord. 2006-18 § 7, 2007: prior code § 7568)

   Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance. (Ord. 2017-01 (part), 2017: Ord. 2006-18 § 7, 2007: prior code § 7569)