Chapter 23.37 — VARIANCES

This chapter is intended to provide a mechanism for relief from the strict application of this title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or size. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Planning Commission shall act as the Review Authority for variance applications based on consideration of the requirements of this chapter.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Applications for a variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in § 23.31.020. In addition to any other application requirements, the application for a variance shall include evidence showing that the requested variance conforms to the required findings set forth in § 23.37.060.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Public notice. An application for a variance shall require a public notice prior to the Planning Commission decision, pursuant to § 23.31.050.

(B) Public hearing. An application for a variance shall require a public hearing before the Planning Commission, pursuant to § 23.31.060.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a variance application. The Commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

(A) There are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, and the strict application of this title to the property deprives the property of privileges enjoyed by other property in the vicinity and identical zone, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;

(B) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

(C) The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and the General Plan.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

In approving a variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in § 23.37.060, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Appeals. Variance decisions may be appealed as provided for in § 23.31.120.

(B) Expiration, extensions, and revisions. Variances may only be expired, extended or revised as provided for in Chapter 23.31.

(C) Revocation. Variance approval may be revoked pursuant to § 23.31.110, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)