Chapter 18.36 — VARIANCES

Applications for variances from the strict application of the terms of this title may be made and variance granted when the following circumstances are found to apply:

• (1) Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;

• (2) Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications; and

• (3) The granting of the variance would not be contrary to the content of this title or to the public health, safety, peace, morals, comfort and general welfare.

(Code 1987, § 18.36.010; Ord. No. 26-1976, art. 8, § 8.01, 1976)

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing of the parcel of property.

(Code 1987, § 18.36.020; Ord. No. 26-1976, art. 8, § 8.02, 1976)

Application for a variance shall be made to the planning commission in writing on a form prescribed by the planning commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed variance. The application shall be accompanied by a fee of $25.00.

(Code 1987, § 18.36.030; Ord. No. 26-1976, art. 8, § 8.03, 1976; Ord. No. 54-1985, § 1(B), 1985)

Sec. 18.36.040. - Hearing.

• (a) A public hearing by the planning commission shall be held within 45 days after the filing of the application for a variance. Notice of the hearing shall be given in the manner as provided by law.

• (b) The planning commission may, without the need for a public hearing or town council confirmation, grant a variance in any yard or height regulation not to exceed 20 percent of such regulation.

(Code 1987, § 18.36.040; Ord. No. 26-1976, art. 8, § 8.05, 1976)

The planning commission shall render its decision on any variance within 35 days following the close of the public hearing. Failure of the commission to render its decision within the period shall be deemed to be a denial of the application.

(Code 1987, § 18.36.050; Ord. No. 26-1976, art. 8, § 8.05, 1976)

Sec. 18.36.060. - Appeal.

The decision of the planning commission may be appealed in accordance with the provisions of section 18.32.060.

(Code 1987, § 18.36.060; Ord. No. 26-1976, art. 8, § 8.06, 1976)

Sec. 18.36.070. - Force and effect of variances.

Variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

(Code 1987, § 18.36.070; Ord. No. 26-1976, art. 8, § 8.07, 1976)

Any variance granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of approval thereof, or within any shorter period of time, if so designated by the planning commission.

(Code 1987, § 18.36.080; Ord. No. 26-1976, art. 8, § 8.08, 1976)