§ 14.23

The purpose of this chapter is to provide flexibility from the strict application of development standards consistent with the purposes of this title. Variances are intended to resolve practical difficulties or unnecessary hardships resulting from the strict application of development standards when special circumstances pertaining to the land such as size, shape, topography or location deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

(Ord. 1625 § 1 (part), 1992).

The zoning administrator shall hear all variance applications except variances applications that are a part of a project being heard at a higher level; however, when in the opinion of the planning director, any matter that is judged not to be routine matter, shall be heard by the planning commission.

(Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).

Applications for variances shall be initiated by submitting the following information to the planning department: a completed application form signed by the property owner or authorized agent and accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.

(Ord. 1625 § 1 (part), 1992).

When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the planning director may schedule combined hearings.

(Ord. 1625 § 1 (part), 1992).

14.23.050 - Public notice and hearing.

A.

Public Hearing Required. The zoning administrator or planning commission, as the case may be, shall hold a public hearing on an application for a variance.

B.

Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

14.23.060 - Conditions of approval.

In approving a variance the zoning administrator or planning commission may impose reasonable conditions.

(Ord. 1625 § 1 (part), 1992).

14.23.070 - Findings.

The zoning administrator or planning commission may approve an application for a variance if the following findings can be made:

A.

That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated;

C.

That granting the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located;

D.

That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

The zoning administrator or planning commission may approve an application for a variance from the parking standards of this title in order that some or all of the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, if, in addition to subsections (A) through (D) of this section, both of the following findings can be met:

E.

The variance will be an incentive to, and a benefit for, the nonresidential development; and,

F.

The variance will facilitate access to the nonresidential development by patrons of public transit facilities.

(Ord. 1625 § 1 (part), 1992).

The zoning administrator or planning commission shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

No action, inaction or recommendation regarding any development by the zoning administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission, the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.

(Ord. 1625 § 1 (part), 1992).

Appeals of zoning administrator or planning commission determinations on variance applications shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

14.23.110 - Effective date of permit.

A variance shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.

(Ord. 1625 § 1 (part), 1992).

Any variance approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

A variance may be extended by the zoning administrator if the findings required by Section 14.23.070, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

14.23.140 - Amendments—New application.

A request for changes in conditions of approval of a variance, or a change to plans that would affect a condition of approval, shall be treated as a new application unless the zoning administrator finds that the changes to the approved plans are noncontroversial, minor, do not involve substantial alterations or additions to the plans and are consistent with the intent of the original approval.

(Ord. 1625 § 1 (part), 1992).

A variance that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement.

(Ord. 1625 § 1 (part), 1992).

If an application for a variance is denied or revoked, no new application for the same, or substantially the same, variance shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Variances are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 6.1), 8-6-2021)

Chapter 14.24 - EXCEPTIONS