Chapter 17.24 — VARIANCES

• A. Variances from the provisions of this title shall be granted only when, because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings, the strict application of this division deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to conditions to ensure that the variance does not constitute a grant of special

privileges inconsistent with the limitations upon other properties in the vicinity and in the same land use category as the subject property.

• B. A variance may be granted from any provision of this title, except that 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 the parcel of property.

• (Prior code § 2-4-1; Ord. 600-88 § 2)

The following shall be included with any application for a variance in order for such application to be complete and accepted for filing:

• A. A completed application form;

• B. Plans as required by the director of planning and building;

• C. A filing fee and deposit as required by Section 17.12.040 ;

• D. An environmental application;

• E. Other information as may be required by the director of planning and building. (Prior code § 2-4-2; Ord. 600-88 § 2)

The planning commission shall hold at least one public hearing, in accordance with Chapter 17.12 , and shall approve, conditionally approve, or deny the variance request by resolution based on the findings set forth in Section 17.24.040 .

(Prior code § 2-4-3; Ord. 600-88 § 2)

The following finding must be made by the approving body to grant a variance request:

• A. The strict application of provisions of this title deprives the property of privileges enjoyed by other property in the vicinity and in an identical land use category because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings;

• B. The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and in the same land use category; and

• C. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to other properties or improvements in the vicinity.

• (Prior code § 2-4-4; Ord. 600-88 § 2)

A decision of the planning commission relating to a variance application may be appealed to the city council within fifteen days after receipt by the applicant of notice of the decision, in accordance with Chapter 17.12 .

(Prior code § 2-4-5; Ord. 600-88 § 2)

• A. A variance shall become valid and effective fifteen days after receipt by the applicant of notice of the action of the planning commission, unless an appeal of such action is filed with the city clerk. If the action of the commission is appealed, the variance shall not be valid and effective unless approved by the city council, and then only on the date of receipt by the applicant of notice of such approval.

• B. A variance which is not used within the time specified in the conditions of such variance, or, if no time is specified, within one year after the effective date of the variance becomes null and void. A variance shall be deemed to be used when a building permit has been issued to construct the improvements contemplated by the variance, and if the improvements are thereafter completed pursuant to such permit. In all cases, the planning commission may from time to time and for good cause grant further time either before or after the expiration of the variance.

• (Prior code § 2-4-6 (a) — (h); Ord. 600-88 § 2)

If the property subject to an approved variance violates any provision of this title except the provision for which the variance was granted, or if there is a failure to comply with any conditions of approval, the variance may be revoked in accordance with the procedures outlined in Section 17.12.110 . (Prior code § 2-4-7; Ord. 600-88 § 2)