Chapter 17.76 — VARIANCES

A.

Intent and Purpose. To prevent or to lessen practical difficulties and unnecessary physical hardships; to remedy disparity of privilege, nor to permit a use substantially inconsistent with the limitation upon other properties in the same zone and vicinity, nor to grant relief from self-imposed hardships.

B.

Definition—Variances. "Variances" are adjustments in the application of this chapter to avoid practical difficulties and unnecessary hardships with respect to a particular piece of property which is not enjoying the privileges commonly enjoyed by other properties in the same vicinity and zone. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site, or because of the location of existing structures on the site, or from setbacks or building lines, or from geographic, topographic or other physical conditions on the site or in the immediate vicinity.

C.

Authority of the Director. Subject to the provisions of this chapter, the planning director shall investigate and either make a recommendation or render a decision supported by findings on applications for variances as follows:

1.

Major Variances from Development Standards. The planning director may recommend to the planning commission variances from the following development standards: Fences and walls, site area, width, frontage, depth, coverage, floor area ratio, yards, height of structures, distance between structures and offstreet parking and loading facilities, signs and enclosures or screening.

2.

Variances from industrial performance standards not permitted.

3.

Minor Modifications from Land Use Standards. The planning director may grant minor modifications from certain land use standards pursuant to Section 17.70.120 of this title.

4.

Use Variances. A variance which could essentially permit a change to a use not permitted by the district regulations controlling the applicant's property shall not be permitted.

D.

Initiation. Owners or bona fide lessees of the affected property.

E.

Public Hearing—Notification. Public hearings for major variances (those not subject to subsection (C)(3)) are required. Notification shall be given in accordance with Section 17.70.050(F).

(Prior code § 080.60)

(Ord. No. 1087, § 7, 5-25-16; Ord. No. 1220, § 2(Exh. A), 2-26-25)

A.

Types of Determinations. The planning commission shall consider the reports, recommendations, and any evidence presented, and its determination may take the following forms:

1.

Approval of the application as filed or amended.

2.

Modification of the Application. Determination may include granting of a change other than that requested, but any such change must be of equal or lesser intensity than that originally requested.

3.

Disapproval of the application.

4.

Action postponed. (Time extension agreed to if necessary.)

5.

Failure to act.

B.

Findings. Each determination granting a variance shall be supported by written findings of fact showing specifically how the determination meets the following criteria and requirements:

1.

That the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the chapter;

2.

That there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings, that do not apply generally to other property in the same zone and vicinity;

That such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the. same zone and vicinity, but which, because of such special circumstances and practical difficulties or unnecessary hardships is denied to the property in question;

4.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located, and;

5.

That the granting of the variance will not adversely effect any element of the general plan.

C.

Conditions. In granting the permissible variance, the commission may attach such additional conditions and safeguards as are deemed necessary to protect the surrounding area including, but not limited to the following:

1.

Requirement of yards greater than the minimum required by this chapter.

2.

Requirement of screening of parking, recreation or storage areas or other portions of the subject property from adjoining premises or from any street by walls, fences, plantings or other devices.

3.

Modification of the exterior features or appearance of any structure where necessary to preserve property values.

4.

Limitation of size and extent of facilities, machine capacity, number of employees or occupants, and method or times of operation.

5.

Regulation of number, design and location of access drives or other traffic features.

6.

Requirement of off-street parking or other special features beyond the minimum required by this chapter or applicable codes or regulations.

7.

Utilities.

8.

Control of location, number, color, size, height, lighting and landscaping of signs and structures as related to traffic hazards and appearance in harmony with surrounding development and community.

9.

Maintenance of the grounds, landscaping and irrigation system.

10.

Regulation of noise, vibration, odors and other similar performance standards.

11.

A time period within which the proposed variance shall be utilized plus any specified period for the life of the variance.

12.

A bond or deposit of money for completion of street improvements and other facilities or to guarantee the change or removal of any designated use or structure within a specified period of time, to assure faithful performance on the part of the applicant.

13.

Regulation of fences and/or walls shall pertain to the height thereof, materials used and visibility through and around said fence and walls.

D.

Time Limits—Determination. The commission shall make determination within sixty (60) days of the filing date or such longer period up to an additional sixty (60) days as may be mutually agreed upon in writing between the commission and the applicant.

E.

Effective Date—No Appeal Filed.

1.

If no appeal is filed, the determination of the commission shall become effective upon the close of the appeal filing period (fifteen (15) days).

2.

If an appeal is filed, see Section 17.70.070.

3.

If the commission fails to act on the matter, see Section 17.70.070.

(Prior code § 080.61)

A.

Commission Fails to Act. If the commission fails to act within the 60-day prescribed time period or after any authorized extension period, the applicant may file a request for transfer of jurisdiction. The request shall be filed by mail, or at the public counter of the department within ten (10) days from the expiration of the authorized time period. The commission shall forward the application, with the file and any relevant information to the council for determination of the original application. If the applicant fails to file a request for transfer of jurisdiction, the original application shall be deemed denied and is not subject to appeal.

B.

Procedure—Transfer of Jurisdiction. When a matter is transferred the council shall be governed by the same procedural and time requirements as apply to an original proceeding. When the council assumes jurisdiction, the commission shall lose jurisdiction in the matter. The director shall make such investigations and furnish such reports as the council may request. However, the matter may be remanded by the council in which case the commission shall regain jurisdiction. If the file is remanded, the time period shall not exceed that allowed to the council on transfer. If after a remand and expiration of the time specified, the commission still fails to act, the original application shall be deemed denied and is not subject to appeal.

C.

Council Fails to Act. If the council fails to act on a variance application transferred to it, the original application shall be deemed denied and no appeal may be taken.

D.

Effective Date—Transfer of Jurisdiction.

1.

If the case was determined by the commission on remand and there was no appeal, decision is effective on the expiration of the appeal filing period (fifteen (15) days).

2.

If the case was determined by the council, its decision is final the date the decision was rendered.

(Prior code § 080.62)

(Ord. No. 1220, § 2(Exh. A), 2-26-25)

A.

Appellants. An appeal may be filed by the applicant, by any person aggrieved, or by any officer, board, department or bureau of the city.

B.

Procedure—Appeal.

1.

When an appeal is filed, the commission shall transmit its record of the mater to the council.

2.

If the original applicant or the appellant wishes to offer into the proceedings any new evidence or testimony, a written summary stating why such evidence or testimony could not have been presented during the original consideration shall be filed. If the council determines that such evidence could not reasonably have been presented earlier and is of such nature as might reasonably have led to a different determination, the matter shall be remanded to the commission. The commission shall reopen the matter and make a determination before expiration of the time period allotted to the council.

3.

If the planning commission fails to act on remand after appeal, the matter is deemed denied and is not subject to further appeal.

C.

Time Limit—Council Action. The council shall act on appeals concerning variances within sixty (60) days or within such extended period of time up to an additional sixty (60) days, as may be mutually agreed upon by the applicant or the appellant and the council.

D.

Council Failure to Act on Appeal. If the council fails to act on an appeal concerning variances within the time limit specified, the action of the planning commission on the matter shall be final.

E.

Effective Date—Appeal.

1.

A determination by the council on appeals concerning variances shall become effective on the date the decision was rendered.

2.

A determination by the commission on remand is not subject to appeal and shall become effective on the date the decision was rendered.

(Prior code § 080.63)

(Ord. No. 1220, § 2(Exh. A), 2-26-25)

A.

Expiration of Variance.

1.

A variance shall expire and shall become void one year following the date on which the variance became effective, unless prior to the expiration of one year, a building permit is filed and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued.

2.

A variance that has not been exercised may be renewed for an additional period of one year if an application stating reasons for renewal is made prior to one year after the effective date of the variance.

B.

Revocation of Variance. A variance that has been exercised may be revoked by the commission if one or more conditions are not complied with. An appeal from the commission's decision to revoke a variance may be taken to the council, subject to provisions of Section 17.76.030. The council's decision is final.

C.

Permits—Building Department. Upon the effective date of any variance authorization and subject to all conditions thereof, the building department may issue permits.

D.

Variances Granted Prior to Effective Date.

1.

All use variances granted and exercised prior to the effective date of this chapter, plus subsequent amendments, may be continued provided no new structure is erected, no existing structure is enlarged and no existing use is extended.

2.

If any use variance granted prior to the effective date of this chapter has never been exercised or if once exercised and the use or development authorized has been discontinued or removed from the premises for a period of at least six months, such variance shall no longer be of any force and effect, and, the respective ordinance granting such variance is repealed.

E.

Change of Conditions and Minor Extensions. A subsequent change in the conditions of a variance which has been granted by the commission may be authorized by the planning director without a hearing, provided the change does not increase the density, nor decrease the number of parking stalls, nor substantially alter the intensity of operation beyond what was originally approved by the commission.

F.

Reapplication—Variance. At least one year shall have elapsed since the effective date of disapproval of the application or revocation of variance before filing a new application seeking substantially the same variance for any of the same property.

(Prior code § 080.64)

(Ord. No. 1087, § 8, 5-25-16)