Article XIII — Variances

When the strict application of the provisions of this chapter would result in unnecessary hardship or a result inconsistent with the general purposes of this chapter, a variance from the provisions of this chapter may be granted in accordance with the provisions of this chapter. (Ord. 2016-0010 § 47; prior code § 3.14.220)

The construction codes advisory and appeals board shall have authority only to grant variances from the provisions of Article V of this chapter, pertaining to sign specifications. (Prior code § 3.14.221)

The planning and design commission shall have authority to grant a variance from the provisions of this chapter, except those pertaining to sign specifications set forth in Article V of this chapter. (Ord. 2016-0010 § 48; Ord. 2012-004 § 40; prior code § 3.14.222)

The planning and design commission may by resolution, delegate authority to issue minor variances to the zoning administrator, other than variances from the regulations of Article V of this chapter, provided, however, that the applicant may appeal any decision of the zoning administrator to the planning and design commission as provided in Section 15.148.1120 of this chapter. The zoning administrator may, at his or her discretion, schedule for hearing before the planning and design commission any application for a variance under his or her authority. (Ord. 2012-004 § 41; prior code § 3.14.223)

No "use variance" shall be granted. A "use variance" is one which permits a particular type of sign to be located in a zone in which it is prohibited by this chapter. (Ord. 2016-0010 § 49; prior code § 3.14.224)

Applications for a variance shall be written on forms prescribed by the planning and design commission or the construction codes advisory and appeals board and shall be accompanied by statements, plans and other relevant evidence. The zoning administrator when authorized, the planning and design commission or, in the case of variances from the provisions of Article V of this chapter, the construction codes advisory and appeals board, may grant a variance when the following is shown:

A. That exceptional or extraordinary circumstances or conditions apply to the case referred to in the application that do not apply generally in the same district and the enforcement of the regulations of this chapter would have an unduly harsh result upon the utilization of the subject property;

B. That the variance will not result in a special privilege to one individual property owner and that the variance would be appropriate for any property owner facing similar circumstances; C. That the requested variance will not materially and adversely affect the health and safety of persons residing or working in the neighborhood, and will not be materially detrimental to the public welfare or injurious to property and improvements in the neighborhood. (Ord. 2016-0010 § 50; Ord. 2012-004 § 42; Ord. 2000-017 § 7; prior code § 3.14.225) 15.148.1050 Fee. A fee as established in the city's fee and charge report shall be paid upon the filing of each application for a variance from the provisions of this chapter, except that no fee shall be required for a variance from the provisions of Article V of this chapter. (Ord. 2016-0010 § 51; prior code § 3.14.226)

A. A variance application shall be considered at a public hearing by the zoning administrator, planning and design commission, or the construction codes advisory and appeals board where variances from the provisions of Article V of this chapter are requested. The zoning administrator, planning and design commission or the construction codes advisory and appeals board may attach conditions to the granting of any variance when, in its judgment, such conditions are necessary or desirable to accomplish the purpose of this chapter. The decision to grant or deny a variance or to impose conditions on a variance may not be based on the content of messages except to the extent needed to comply with federal or state law.

B. Except to the extent that the terms of this article conflict therewith the procedural requirements for any hearing before the zoning administrator, planning and design commission and city council required by the provisions of this article shall be governed by the provisions of Chapter 17.812.

C. Written notice of the hearing shall be given as specified in Chapter 17.812 of this code. (Ord. 2016-0010 § 52; Ord. 2013-0021 § 74; Ord. 2012-004 § 43; prior code § 3.14.227)