The purpose of this chapter is to provide a means of altering the dimensional standards for lot width and setbacks in the table of density and dimensional standards in Section 17.18.020 in specific cases. (Ord. 269 (part), 2002)

(Ord. No. 386, § III(Exh. A, § 23), 8-30-2010)

A variance shall be approved, approved with conditions, or denied based on a determination:

A.

That special conditions and circumstances exist which are peculiar to the land, the location, topography, size or the shape of the lot or some such thing inherent in the land that causes the hardship, and which are not applicable to other lands in the same district;

B.

That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

C.

That the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands in the same district;

D.

That the granting of the variance will not authorize a use not allowed in the zone in which the property is located;

E.

That the granting of the variance will not create health and safety hazards, is not materially detrimental to the public welfare and is not unduly injurious to property or improvements in the vicinity and land use district in which the subject property is located; and

F.

That the variance will not conflict with the purpose and intent of this title and the comprehensive plan. (Ord. 269 (part), 2002)

(Ord. No. 386, § III(Exh. A, § 24), 8-30-2010)

Editor's note— Ord. No. 386, § III(Exh. A, § 25), adopted Aug. 30, 2010, repealed former § 17.44.017 in its entirety which pertained to conditions on variances and derived from Ord. 269 adopted in 2002.

A reduction of twenty percent or less in lot width or setback shall be considered a minor variance except that a reduction of more than twenty percent in a side and/or rear yard for a detached garage or similarly sized accessory building as provided in Section 17.18.020 also shall be considered a minor variance.

(Ord. No. 386, § III(Exh. A, § 26), 8-30-2010)

Editor's note— Ord. No. 386, § III(Exh. A, § 27), adopted Aug. 30, 2010, repealed former § 17.44.020 in its entirety which pertained to side and year yard adjustments and derived from Ord. No. 269, adopted in 2002.

The action for which the variance is required shall begin within one year of approval unless extended for up to one year by the director. Failure to begin such action within the time limit specified shall void the variance.

(Ord. No. 386, § III(Exh. A, § 28), 8-30-2010)