§ 17.70

A variance is a modification of a regulation contained in this title which may be granted only when it can be found that:

A.

Because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, strict application of a regulation contained in this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

The conditions under which the variance is to be granted will assure that the authorized modification of regulations shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

C.

The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the property.

(Ord. 595 § 7.03(A), 1982)

The city council may initiate a variance which thereafter shall be processed in accordance with the procedures to be followed by the planning director and the city council as set forth in the following sections of this chapter. An application for a variance may be filed with the planning director by the owners or the authorized agent of the owners of such property and processed in accordance with the requirements of this chapter.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(B), 1982)

An application for a variance shall be filed with the planning director by the owners or the authorized agent of the owners of the parcels of property for which the variance is sought. The application shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(C), 1982)

17.70.040 - Fee.

A fee shall accompany the application for a variance in an amount established by resolution of the city council.

(Ord. 595 § 7.03(D), 1982)

The planning director shall review all variance applications and determine whether each is a major or minor variance within the meaning of Sections 17.70.060 and 17.70.070 and shall process each in accordance with his determination.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(E), 1982)

The planning director shall give notice of a filing for a minor variance in the same manner as specified for hearings before the city council in Section 17.74.010. Notice shall specify that the planning director will

receive comments in writing for or against the variance for a period of ten days subsequent to publication or placement of the notice, after which time he will render his decision.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(F), 1982)

The planning director, after giving notice as required in Section 17.70.060 and after making the findings specified in Section 17.70.010, may grant the following variances:

A.

Front, side and rear yard setbacks: Side yards may be varied only to three feet unless meeting conditions for zero side yards specified in Chapter 17.10;

B.

Lot width: up to ten percent of required width;

C.

Allowance of the use of common recreation space as a substitute for private space;

D.

Variances pertaining to fences, hedges and walls;

E.

Building height affecting architectural features, signs and tower appropriate to the use of the premises and solar energy features;

F.

The planning director may grant a variance to the setback regulations applicable in zones R-E, R-L-1 and R-L-2 by increasing or diminishing required side and rear setbacks up to forty percent, provided that square footage of buildable area of the lot as determined by the setback provisions of Chapter 17.12 is not increased and provided that the ground floor area of all roofed structures, both main and accessory, constitute less than forty percent of the lot area. Variances meeting these standards are declared to be consistent with the finding required under Section 17.70.010.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(G), 1982)

17.70.080 - Minor variance—Request for hearing—Processing as major.

The planning director may, on his own initiative, or shall, upon receipt in writing of a request for a hearing before the city council and payment of an appeal fee as prescribed by the city council by resolution, continue to process a minor variance in accordance with procedures for a major variance.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(H), 1982)

The planning director shall review all applications he determines to be major variances and all appeals of his decisions on minor variances and:

A.

Advise the city council of the need for a public hearing; and

B.

Report to the city council his findings and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(I), 1982)

The city council shall schedule and hold one public hearing prior to making its decision and may, at its own discretion, continue the hearing or schedule and hold additional hearings. Hearings shall be set and notice given as prescribed in Section 17.74.010.

(Ord. 595 § 7.03(J), 1982)

17.70.110 - Major variance—Grant or denial.

Within thirty days following closure of the scheduled public hearing or hearings, the city council shall grant with appropriate conditions or deny the application. Before final approval of a variance, the city council shall make the findings defined in Section 17.70.010.

(Ord. 595 § 7.03(K), 1982)

Following the denial of a variance application or the revocation of a variance, no application for a variance for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance.

(Ord. 595 § 7.03(L), 1982)

A variance granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the variance application.

(Ord. 595 § 7.03(M), 1982)

An approved variance shall lapse if no action has been taken under it for a period of one year from the date of grant unless a greater time is allowed in the conditions of grant.

(Ord. 595 § 7.03 (N), 1982)

A variance may be suspended and subsequently revoked in accordance with procedures established in Chapter 17.74.

(Ord. 595 § 7.03(O), 1982)

Chapter 17.72 - TEMPORARY USE PERMITS

Sections: