Chapter 18.80 — VARIANCES

The development services director shall have the power to grant variances from the terms of this title subject to appeal to the planning commission by any person or persons affected by the variance, except that in no case shall a variance be granted by the development services director to allow a use of land or buildings that is prohibited in the zoning district in which the subject property is located.

(Ord. No. 743, § 3, 3-21-2017)

Variances from the terms of this title may be granted only when the following conditions are found:

A.

Because of special circumstances applicable to the specific property in question, including size, shape, topography, location or surroundings, the strict application of this title would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

B.

The variance granted shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district within which the subject property is situated.

(Ord. No. 743, § 3, 3-21-2017)

Applications for variances shall be filed with the development services director upon such forms and accompanied by such data as may be prescribed by the development services director so as to assure the fullest practicable presentation of the facts for the permanent record. Each such application for variance shall be accompanied by a fee set by resolution of the city council.

(Ord. No. 743, § 3, 3-21-2017)

At least ten days prior to the granting of any variance permit, notice of the proposed variance shall be given by a newspaper of general circulation in the city or by posting in three public places designated for posting in the city, or by posting on the property for which variance is sought. Notices shall also be provided to all property owners within 300 feet of the property that is subject to the application.

(Ord. No. 743, § 3, 3-21-2017)

A.

No public hearing need be held on variance permit applications provided that the planning commission shall hold a public hearing when the development services director, as a result of public notice, deems such hearing is advisable in the public interest.

B.

Should a public hearing before the planning commission be scheduled, an additional public notice of the variance permit application in question shall be given in the same manner as prescribed in Section 18.80.040 at least ten working days in advance of a regular meeting of the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall grant a variance permit in accordance with any instruction of the planning commission and provided the conditions set forth in Section 18.80.020 are satisfied. The applicant shall be forthwith notified of the action being taken.

(Ord. No. 743, § 3, 3-21-2017)

Appeal from the action of the development services director and/or planning commission may be made according to the provisions of Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

In any case where a granted variance has not been exercised within six months after the date of granting thereof, then without further action by the development services director or planning commission, the variance shall be null and void.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.82 - AMENDMENTS