Chapter 12.124 — VARIANCES

Applications for variances from the strict application of the terms of this article may be granted by the planning commission. No variance may be granted unless the commission makes the following findings:

• A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of this article will deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;

• B. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located;

• C. For single-family or two-family dwellings, the planning commission shall also find that the project conforms to the basic design principles of the residential design guidelines as adopted by resolution by the city council and as may be revised from time to time.

(Prior code § 27-14.1; Ord. 1410 § 1, 1982; Ord. 1784 § 2, 2010; Ord. 1947, 4/9/2024)

A variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized in the zoning district in which the property is located. (Prior code § 27-14.2; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)

An application for a variance shall be filed with the community development director and shall include the following information, unless a specific requirement is waived by the community development director:

• A. The application form provided by the city;

• B. An explanation of the circumstances applicable to the subject property that justify the making of the findings required to approve a variance and a description of how the findings can be made;

• C. A site plan to scale indicating the effect of the variance on all buildings and uses, including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, lot area coverage, floor area ratio (FAR) calculations, net and gross lot area, and the square footage and location of all easements on the project site;

• D. Landscape plans, building floor plans and building elevations and perspectives;

• E. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, and color schemes, color elevations, and color and materials boards may be required by the community development director;

• F. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title.

• (Prior code § 27-14.3; Ord. 1410 § 1, 1982; Ord. 1728 § 19, 2007; Ord. 1947, 4/9/2024)

Upon receipt of an application for a variance, the community development director shall schedule a public hearing before the planning commission on such application not later than one year after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 12.132 . (Prior code § 27-14.4; Ord. 1410 § 1, 1982; ;Ord. 1947, 4/9/2024)

Applications which would require an architectural review permit shall be reviewed concurrently by the decision-making body.

(Prior code § 27-14.5; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)

After the conclusion of the public hearing or continuations thereof, the planning commission may grant or deny a variance from the strict application of the regulations established by this chapter. The commission may impose any reasonable conditions deemed necessary to achieve the purpose of this article; provided, however, that the following conditions shall not be imposed:

• A. The dedication of land for any purpose not reasonably related to the use of the property for which the variance is requested;

• B. The posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the variance is requested.

No variance shall be effective, nor shall any building permit for which a variance is required be issued, until the time period for filing an appeal to the city council on the decision granting the variance has ended. If such appeal is timely filed, the variance shall not become effective, nor shall any such building permit be issued, until the city council has acted on the appeal. (Prior code § 27-14.6; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)