Chapter 19.26 — VARIANCES

The provisions of this chapter allow for adjustment from the development standards of these Regulations only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of these Regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated. The power to grant variances does not extend to land use regulations; flexibility in land use regulations is provided in Chapter 19.24 (Use Permits). (Ord. 2185)

The Zoning Administrator may grant a variance from the requirements of these Regulations governing only the following development standards:

• A. Dimensional standards:

1. Distance between structures;

2. Parcel dimensions (not area);

3. Setbacks;

4. Structure height;

5. On-site parking, loading, lighting, and landscaping; or

6. Sign regulations (other than prohibited signs).

• B. Where the Zoning Administrator finds that significant policy questions are at issue, the Zoning Administrator may refer the application to the Commission for determination.

(Ord. 2185)

An application for a variance shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for variances. (Ord. 2185)

Upon a determination that the variance application is in proper form and deemed complete, the Zoning Administrator shall hold at least one public hearing, in compliance with Chapter 19.10 (Noticing and Public Hearings), or may refer the application to the Commission, which shall then hold a public hearing on the application. (Ord. 2185)

Following a public hearing, the Zoning Administrator or Commission shall record the decision in writing with the findings upon which the decision is based, in compliance with State law. The Zoning Administrator or Commission may approve a variance application, with or without conditions, only after first finding that:

A. There are exceptional or extraordinary circumstances or conditions applicable to the property, structure, or use referred to in the application, including location, shape, size, surroundings, or topography, which do not apply generally to property, structures, or uses in the same zoning district, so that the strict application of these Regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under an identical zoning district;

• B. Granting the variance is necessary for the preservation and enjoyment of substantial property rights;

• C. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel;

D. Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and

E. Granting the variance will not, under the circumstances of the particular case, be materially detrimental to the public interest, health, safety, convenience, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

(Ord. 2185)

In granting a variance in compliance with this chapter, the Zoning Administrator or Commission may designate conditions that will ensure the objectives of the regulation or provision for which the variance is granted. The Director may record a variance with the County Recorder when the variance approval includes a condition restricting the future use or development of the property.

(Ord. 2185)

Changes to a variance may be approved, in compliance with Section 19.30.060 (Changes to an approved project). (Ord. 2185)

A variance shall be exercised within three years from the date of approval or shall be deemed void unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions). (Ord. 2185)(Ord. 2440 §15)