Chapter 21.22 — VARIANCES

A.

Application. An application for a variance shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.22.030 (Required Findings) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

B.

Review Authority. The planning commission shall act as the review authority for variance applications based on consideration of the requirements of this chapter.

C.

Notice and Hearings.

1.

The planning commission shall conduct a public hearing on an application for a variance before making a decision on the application to approve, approve subject to conditions, or deny the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority may approve a variance application, with or without conditions, only if it first makes all of the following findings:

A.

The variance will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

B.

The variance will not authorize a use or activity that is not otherwise expressly authorized in the subject property's zoning classification;

C.

There are exceptional or extraordinary circumstances applicable to the subject property (such as location, shape, size, surroundings or topography), so that the strict application of this title denies the property owner of privileges

enjoyed by others in the vicinity and identical zoning district;

D.

The variance will not create a special privilege for the subject property that is inconsistent with the limitations on other properties in the vicinity and within the same zoning district; and

E.

The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;

F.

The variance is not contrary to the purpose, goals, and policies of the general plan, the zoning code and any applicable specific plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance is not admissible evidence for the approval of a new variance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In approving a variance, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required in Section 21.22.030 (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A variance approved in compliance with the provisions of this chapter shall run with the land and confer the rights granted to and conditions placed upon the applicant onto subsequent property owners.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a variance application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.24 - ENTITLEMENT IMPLEMENTATION, EXTENSIONS, AMENDMENTS, AND REVOCATIONS