Chapter 19.43 — VARIANCES

Variances may be granted in order to prevent or to lessen practical difficulties and unnecessary physical hardships that would result from strict or literal interpretation and enforcement of certain regulations of this title. A practical difficulty or unnecessary physical hardship may result from the unique size, shape, or dimensions of a site or the location of existing structures thereon; from singular 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. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance.

(Ord. 2001-02 § 1, 2001.)

(A) Variances may be granted to site development regulations and standards prescribed by this title, such as lot area, width, depth, and coverage; front, rear, and side yards; floor area ratio; height of structures; distances between structures; signs; and off-street parking and loading facilities.

(B) The power to grant variances does not extend to allowing variations to the use regulations contained in Chapter 19.05, Use Classifications and Section 19.05.020, Permitted and conditionally permitted uses.

(Ord. 2001-02 § 1, 2001.)

(A) Application. An application for a variance shall be filed with the community development department on forms prescribed by the planning commission, along with any plans, maps, or additional information required by the community development director. The application shall include, in part, evidence supporting the findings required by subsection (C) of this section.

(B) Review and Approval Authority. A variance application shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with Chapter 19.40, Review and Approval Procedures.

(C) Required Findings. The planning commission may approve or conditionally approve a variance application if it makes all of the following findings:

(1) Special circumstances exist applicable to the subject property, including size, shape, topography, location, existing improvements, or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district(s).

(2) Granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district(s) in which such property is located.

(3) Granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

(4) Granting of the variance does not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

(5) Granting of the variance will not result in an inconsistency with the general plan, including policies related to airport compatibility.

(D) Terms and Conditions. Any variance approval may include such terms and conditions as deemed necessary or appropriate by the planning commission to affect the purposes of this title. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.

(Ord. 2001-02 § 1, 2001; Ord. 2010-03 § 3, 2010.)

(A) One-Year Expiration. If the project for which a variance has been approved pursuant to this chapter has not been inaugurated within one year of the granting of the variance, the variance shall become null and void and of no effect. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

(B) Extensions. An extension of time for project inauguration may be granted by the community development director upon the written request by a responsible party before the expiration of the one-year period, provided that:

(1) There have been no changes in the approved plans; and

(2) There has been no change of circumstances which would prevent any of the required findings of approval to be

made.

(3) Only one such extension for a period not to exceed one year from the expiration of the original period shall be granted.

(4) An additional extension not to exceed two years from the initial expiration of the original extension period may be granted by the community development director where the state unemployment rate exceeds nine percent, as per the U.S. Bureau of Labor Statistics.

(Ord. 2001-02 § 1, 2001; Ord. 2010-09 § 3, 2010.)

Any variance issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40, Review and Approval Procedures.

(Ord. 2001-02 § 1, 2001.)