§ 17.140

The purpose of a Variance is to give the Planning Commission authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships,

or results inconsistent with the general purposes of this Title occur by reason of a strict interpretation and enforcement of any of the provisions of this Title.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Variance is required for any development that is not consistent with applicable development standards or other regulations of this Title, with an exception of Minor Modifications, which are processed in accordance with Chapter 17.142. A Variance may not be used to permit a land use or activity, which is otherwise not permitted in the applicable zoning district.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapters 17.156 through 17.168 shall constitute the procedure relating to Variances, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Variance may be granted only after a public hearing before the Planning Commission of the City held pursuant to Chapter 17.156. All acts of the Planning Commission or any City officers under the provisions of this chapter, shall be construed as administrative acts performed for the purpose of this title shall apply in special cases, as provided in this chapter, and shall not constitute amendments to the provisions of this Title or the Zoning Map.

All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance:

A.

There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district;

B.

Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district;

C.

Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and

D.

The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

If a Variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.140.060 - Expiration and extensions.

A.

No permit or license shall be issued for any use involved in an application for a Variance until it has become final by reason of the failure of any person to appeal or by reason of the action of the City Council.

B.

If the use authorized by any Variance is, or has been, unused, abandoned or discontinued for a period of one year, or the conditions have not been complied with, said Variance shall become null and void and of no effect, unless by conditions of the Variance a longer period of time is allowed.

C.

An extension of a Variance may be granted by the Planning Commission upon the written request of the applicant filed with the Planning Commission prior to the expiration of a one-year period. Such request shall set forth reasons supported by factual data why the Variance has been unused, abandoned or discontinued or the conditions not complied with. No extension of any Variance shall be granted unless the Planning Commission finds the facts to be substantiated and to constitute justifiable cause for the extension.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.142 - MINOR EXCEPTION