Chapter 24 — VARIANCES AND CONDITIONAL USE PERMITS

The purpose of any variance is to allow for deviations from the development standards contained in this Title. Those standards which are determined at the discretion of the Planning Commission, City Council, or administratively shall not be subject to the variance process. However, a variance shall not grant a special privilege not shared by other property in the same vicinity and zone. (Ord. 1629, 11-16-2021)

When practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Title result through the strict and literal interpretation and enforcement of the provisions thereof, the Planning Commission shall have authority, subject to the provisions of this Title, to grant upon such conditions as it may determine such variance from the provisions of this Title as may be in harmony with its general purpose and intent, so that the spirit of this Title shall be observed, public safety and welfare secured and substantial justice done. A variance granted pursuant to the provisions of this Section shall run with the land and shall continue to be valid upon change of ownership. Variance requests shall be processed as set forth in Chapter 28 of this Title. (Ord. 1629, 11-16-2021)

Before any variance may be granted, it shall be found:

A. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone;

B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question;

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

D. That the granting of the variance will not adversely affect the General Plan. (Ord. 1629, 11-16-2021)

The purpose of a conditional use permit shall be:

A. To assure the compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located;

B. To assure the proposed use is consistent and compatible with the purpose of the zone in which the site is located; and

C. To recognize and compensate for potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards. (Ord. 1629, 11-16-2021)

The Planning Commission may grant a conditional use permit upon application for such uses allowed by this Title, subject to the process set forth in Chapter 28 of this Title. (Ord. 1629, 11-16-2021)

• A. General: Before a conditional use permit may be granted, it shall be found that:

1. The proposed location of the use is in accord with the purpose of this Title and the purposes of the zone in which the site is located;

2. The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

3. The proposed use will comply with each of the applicable provisions of this Chapter.

• B. Alcohol sales: Before a conditional use permit may be granted for the sale of alcohol, it shall be found that:

1. The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant;

2. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located;

3. The proposed use is consistent and compatible with the purpose of the zone in which the site is located;

4. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

5. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. (Ord. 1629, 11-16-2021)