Article VII — USE PERMITS AND VARIANCES

• A. Authority. The zoning administrator or the planning commission may, with the procedure specified in SLTCC § 6.55.640 , grant a use permit to authorize a special use and structure devoted to such use, on a specific parcel within a plan area; provided, that such use is allowed by use permit.

• B. Required Findings. The zoning administrator or the planning commission may grant a use permit; provided, that it is found that the use applied for is:

  1. Necessary or desirable on a specific parcel;

  2. Not injurious to the neighborhood;

  3. Consistent with the intent of this chapter; and

4. Consistent with the permitted uses in such plan area.

(Ord. 902; Code 1997 § 32-60)

• A. Authority. The zoning administrator (see also SLTCC § 6.55.170(F)) or the planning commission may, in accordance with the procedure specified in SLTCC § 6.55.640 , grant a variance to authorize a specific exception to any regulation of this chapter, excluding any regulation within a plan area statement.

The zoning administrator may vary setback requirements for buildings, structures, residential driveways, parking pads or fences to a degree not to exceed 50 percent of the required setback, without a public notice or hearing. To vary the setback, the zoning administrator shall make the required variance findings as required by subsection (B) of this section.

• B. Required Findings. The zoning administrator or the planning commission, upon request, may grant a variance; provided, that it is found that, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical plan area.

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 same plan area in which such property is situated.

• C. No New Use by Variance. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.

• (Ord. 902; Ord. 1064 § 1 (Exh. A); Code 1997 § 32-61)

The granting of use permits and variances shall be in accordance the following procedures:

• A. Application. Application for a variance or use permit shall be filed with the planning division on a form furnished by the division, accompanied by a site plan and the required filing fee.

When the applicant is not the owner of the property, the written authorization of the owner shall accompany the application. In lieu of the written authorization of a property owner, a public utility or public agency having the power of eminent domain may accompany an application with a declaration of intent to acquire the subject property or an interest in the subject property, by negotiation or condemnation, with proof that notice of such intent has been served upon the property owner.

The application shall not be accepted for filing by the division unless it conforms to the filing requirements established by the planning commission.

• B. Notice Required. The zoning administrator shall give notice of application and hearing, not less than 10 days prior to the date of the hearing, in each of the following manners:

  1. By publishing a copy of such notice one time in the official city newspaper.

  2. By mailing a copy of such notice on a postcard to all property owners whose property is adjacent to any one or more of the parcels of property for which the use permit or variance is sought, using the ownerships' names and addresses from the last equalized assessment roll of the county. For the purposes of determining adjacent parcels of property, public streets and rights-of-way shall be ignored and parcels shall be deemed adjacent if they have any point of their boundaries in common.

• C. Form of Notice. The notice shall state the name of the applicant, the location of the property, the use or exception applied for and the time and place of the hearing. The failure of any property owner to receive notice shall not invalidate the proceedings. If the hearing is continued by the zoning administrator or the planning commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.

• D. Hearing. Within 40 days after the filing of an application with the planning division, the zoning administrator may hold a public hearing on the application or establish a public hearing before

the planning commission at a regular or special meeting of the commission. Failure of the zoning administrator or the commission to make a decision on any application within 30 days after the hearing shall constitute a denial of the permit, without prejudice, and the zoning administrator shall certify such denial.

• E. Conditions of Authorization. The zoning administrator or the planning commission may attach such terms or conditions to the granting of a variance or use permit as may be deemed necessary. A condition requiring periodic review of permits may be imposed and, upon such review, conditions may be added, deleted or modified, or the permit may be revoked. Except as provided herein, revisions to the terms or conditions of a granted variance or use permit shall require a new application.

• F. Term of Authorization. Each variance and use permit granted by the zoning administrator or the planning commission shall expire and become null and void one year after the date of granting, unless such variance or use permit is utilized prior to the date of expiration. For good cause shown, the authority granting the variance or permit may extend any authorization for a variance or use permit for additional periods not to exceed an aggregate of one year in all.

• G. Term of Use Permit or Variance. Each variance or use permit granted and utilized shall be valid for a period not to exceed the term specified by the granting authority. If a term is not so specified, such permit shall be valid until terminated or revoked. Each such use permit or variance granted and utilized shall run with the land, shall apply to the parcel specified in such use permit or variance, regardless of any change of ownership but may not be transferred to another parcel.

• H. Effective Date of Authorization. Each use permit or variance granted shall become effective and be issued no sooner than five business days after the date of the granting of such use permit or variance. If, prior to the expiration of such five-day period, an appeal is filed, the use permit or variance shall not be issued until the granting of the use permit or variance is affirmed on appeal.

• I. Reapplication Limitation. No application shall be reconsidered and no new application shall be considered by the zoning administrator or the planning commission for the same or a substantially similar use or variance upon the same property, whether by the same applicant or by some other person, previously acted upon by the commission within one year after the date of such action, unless the zoning administrator or the commission established that there has been a substantial change in the circumstances under consideration in the original proceedings or the original application was denied without prejudice.

• (Ord. 406 § 1; Ord. 902; Code 1997 § 32-62)