Chapter 18.46 — VARIANCES

The procedures codified in this chapter shall apply to all applications for a variance. If no planning commission has been appointed by the city council, then: all references to and descriptions of the duties of the planning commission in this chapter shall be interpreted as references to the city council; the findings described in Section 18.46.020 and the hearing described in Section 18.46.100 shall be by the city council; Section 18.46.120 shall have no application; and the decision of the council on the application shall be final and not subject to appeal.

(Ord. 88-07 §4, 1988).

When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title occur by reason of strict interpretation of any of its provisions, the planning commission, upon its own motion may, or upon a verified application, shall initiate proceedings for consideration of a variance from the provisions of this title.

(Ord. 68-128 §5-407(part), 1968).

The planning commission, before it may grant a variance, shall make a finding that in the evidence presented all four of the following conditions exist in reference to the property being considered:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other property in the same district;

B.

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district;

C.

The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the district in which the property is located;

D.

The granting of such a variance will not be contrary to the objectives of the general plan.

(Ord. 68-128 §5-407(A), 1968).

Application for a variance shall be filed by the owner or lessee of the property for which the variance is sought, or by the authorized representative of either the owner or lessee.

(Ord. 68-128 §5-407 (B) (1) (a), 1968).

Application shall be made to the commission on forms furnished by the city and shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in Section 18.46.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.

(Ord. 68-128 §5-407 (B) (1) (b), 1968).

The city clerk, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Verification shall be made within fifteen days of the date of the filing of the application.

(Ord. 68-128 §5-407 (B) (1) (c), 1968).

In cases where the manager considers the reasons as set forth in the application not all within the scope of the variance procedure, the applicant shall be so informed, whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.

(Ord. 68-128 §5-407 (B) (1) (d), 1968).

When the application for a variance is filed, a fee as provided in Section 18.50.010 shall be paid, for the purpose of defraying the costs incidental to the proceedings.

(Ord. 68-128 §5-407 (B) (2), 1968).

The city departments concerned shall investigate the facts bearing on each case to provide information necessary for action consistent with the intent and purpose of this title.

(Ord. 68-128 §5-407 (B) (3), 1968).

A.

The hearing date shall be set by the city clerk for not less than fifteen nor more than forty days after the filing of the application.

B.

Notice of public hearing shall be given and shall contain the time and place of the hearing and other pertinent data presented in the application.

C.

Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown in the latest tax roll of the county.

D.

For minor deviations not requiring notice, see Section 18.46.170.

(Ord. 68-128 §5-407 (B) (4), 1968).

A.

The commission shall, not less than ten days after the legal notice of a public hearing on a variance application, hold the public hearing.

B.

The commission shall announce its decision by resolution at a regular meeting or scheduled special meeting within forty days after the conclusion of the hearing. The resolution shall approve, approve with stated conditions, or disapprove the application, and shall set forth findings in support of the decision. For approval, the conditions listed in Section 18.46.020 shall be found.

C.

A copy of the resolution shall be mailed to the applicant at the address shown on the application.

(Ord. 68-128 §5-407 (B) (5), 1968).

The commission, in approving a variance, may set forth in its resolution reasonable conditions which shall assure the intent and purpose of this title.

The time limit of one year for occupancy or construction shall be assumed unless some other period is established.

(Ord. 68-128 §5-407 (B) (6), 1968).

A.

The decision of the commission shall be final unless an appeal to the council is filed within fifteen days of the date of the commission's decision. Such an appeal may be initiated by the applicant or an interested party owning property within three hundred feet of the external boundaries of the subject property.

B.

The council, upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

C.

The council, upon determining an appeal if for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 18.46.090 (B) and (C).

D.

Council public hearing and decision.

The council shall, not less than ten nor more than forty days after legal notice of a public hearing on a variance application, hold the public hearing.

The applicant shall present at the hearing information and data to indicate the manner in which the commission erred in its decision.

The council decision shall be final unless appealed to a court of competent jurisdiction within fifteen days.

(Ord. 68-128 §5-407 (C), 1968).

The commission may revoke any variance for noncompliance with the conditions set forth in granting said variance after notice and hearing. Upon instruction from the commission, the city clerk shall cause ten days' notice of hearing to be given to the holder of the variance which is being considered for revocation. The action of the commission in revoking any variance may be appealed to the council in the same manner as an appeal from a decision of the commission in granting or denying a variance.

(Ord. 68-128 §5-407 (D) (1), 1968).

Each variance granted under the provisions of this chapter shall become void when:

A.

The construction authorized by the variance is not commenced within one year after the granting of the variance or is not pursued diligently to completion; or

B.

The occupancy or use of the land or buildings authorized by such variance has not taken place within one year after the granting of such variance; or

C.

There is a cessation in the occupancy or use of land or buildings authorized by such variance for a period in excess of one year.

(Ord. 68-128 §5-407 (D) (2), 1968).

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitations established in Section 18.46.140 the commission may grant an extension of time for a period not to exceed an additional one year period. Application for such extension of time must set

forth in writing the reasons for the extension and must be filed with the city clerk before the expiration of the variance.

(Ord. 68-128 §5-407 (D) (3), 1968).

The provisions of Sections 18.46.130 through 18.46.150 shall apply to variances issued prior to May 4, 1968, including variances issued by the board of supervisors or county planning commission, covering territory subsequently annexed to the city, but the one-year period specified in Section 18.46.140 B, shall not commence to run until May 4, 1968 or the date of annexation, whichever occurs later. The provisions of subsection 18.46.150 shall also apply to such variances, provided the commission finds that an extension would not be detrimental or injurious to property in the neighborhood.

(Ord. 68-128 §5-407 (D) (4), 1968).

A.

When in the public interest, the city manager may consider and render decisions on applications involving minor deviations from the provisions of this title, limited to the following:

Area requirements may be reduced by not more than ten percent of that required in the district.

Yard requirements may be reduced by not more than ten percent of that required in the district.

Maximum building height requirements may be increased by not more than ten percent.

The reconstruction or remodeling of nonconforming buildings may be permitted if in the city manager's judgment, it will bring such buildings and subsequent use into greater conformity with the uses permitted in the district.

B.

Such decision shall be based on the provisions of Section 18.46.020.

C.

The city manager shall make such decisions within fifteen days of the date of the filing of such application.

(Ord. 88-05 §4, 1988; Ord. 68-128 §5-407(E), 1968).

No person, including the original applicant, shall reapply for a similar variance on the same land, building or structure within a period of one year from the date of the final decision on such previous application, unless such decision is a denial without prejudice.

(Ord. 68-128 §5-407 (F), 1968).