§ 17.112

Application for a Variance shall be filed on a form provided by the City's Planning Department in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9128.02.)

A.

The Planning Commission may grant a Variance from the requirements of this Zoning Ordinance for the following:

1.

The modification of the dimensional standards of the distance between structures, lot area, lot coverage, lot dimensions, setbacks, and structure heights.

B.

Nothing contained herein shall be construed as a grant of authority to waive any requirement of this Zoning Ordinance as it may apply to the subject property. The Planning Commission may approve a condition which modifies a prescribed standard only upon a finding that the proposed variance provides an equal or greater exchange as it relates to the environment, public health, safety and/or welfare as provided by requirements of the prescribed standard.

(Zoning Ord. dated 1/31/06, § 9128.03.)

Upon receipt of a complete Variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9128.04.)

The Commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

A.

That there are special circumstances applicable to the property, including size, shape, topography, geological or geographic conditions, in which the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification;

B.

That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought;

C.

That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located;

D.

That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties (not including non-conforming properties) in the vicinity and land use district in which such property is located;

E.

That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

F.

That granting the Variance will not be inconsistent with the General Plan.

(Zoning Ord. dated 1/31/06, § 9128.05.)

The granting of a prior Variance does not establish grounds for the granting of any new Variance.

(Zoning Ord. dated 1/31/06, § 9128.06.)

The burden of proof to establish the evidence in support of the findings, as required by this chapter, is solely the responsibility of the applicant.

(Zoning Ord. dated 1/31/06, § 9128.07.)

A Variance may be revoked or modified by the Planning Commission if any one (1) of the following findings can be made:

A.

That circumstances have changed so that one (1) or more of the findings contained in Section 17.112.050 can no longer be made;

B.

That one or more of the conditions of the Variance have not been met; or the grantee has not substantially exercised the rights granted by the Minor Exception;

C.

That the Variance was obtained by misinformation, misrepresentation or fraud;

D.

That the improvement authorized by the Variance has ceased or was suspended for six (6) or more consecutive calendar months;

E.

That the improvement authorized by the Variance is in violation of any statute, ordinance, law, or regulation; or

F.

That the improvement authorized by the Variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Zoning Ord. dated 1/31/06, § 9128.08.)

Chapter 17.116 - ZONING ORDINANCE AMENDMENTS