Chapter 10.84 — VARIANCES AND MINOR DEVIATIONS

This section allows variances and minor deviations from the development standards of this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

(Ord. 2025-01, passed 1-7-2025)

A variance or minor deviation may be granted to waive or modify any development standard of this title except to:

• (A) Allow a land use not otherwise allowed in the zone district.

• (B) Increase the maximum allowed residential density.

• (C) Waive a specifically identified prohibition.

• (D) Waive or modify a procedural requirement.

• (Ord. 2025-01, passed 1-7-2025)

Applications for a variance or minor deviation shall be filed and processed pursuant to the applicable sections of Chapter 10.70.

(Ord. 2025-01, passed 1-7-2025)

(A) Before a minor deviation may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:

• (1) The minor deviation is for the adjustment of a measurable development standard.

• (2) The minor deviation would allow an adjustment to a measurable development standard of not more than 10%.

• (3) The minor deviation is consistent with the purposes of this title.

• (4) The minor deviation will be consistent with the General Plan.

• (B) A minor deviation may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(C) Any application for a minor deviation that is denied may be reapplied for as a variance.

(Ord. 2025-01, passed 1-7-2025)

(A) Before a variance may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:

(1) There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, are such that the strict application deprives such property of privileges enjoyed by other properties in the vicinity that are in the same zone district.

(2) The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and that is in the same zone district and denied to the property for which the variance is sought.

(3) The variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and that are in the same zone district in which the property is located.

(4) The variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and that are in the same land use district in which such property is located.

(5) The variance does not allow a use or activity that is prohibited in the zone district where the property is located.

• (6) The variance is consistent with the purposes of the zoning ordinance.

• (7) The variance will be consistent with the General Plan.

(B) The Commission can approve, approve with conditions, or deny the variance based on the findings listed above. A variance may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(Ord. 2025-01, passed 1-7-2025)

A notice of decision of a variance or minor deviation shall be processed consistent with Chapter 10.70. (Ord. 2025-01, passed 1-7-2025)

(A) Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 10.70.

(B) When a minor deviation is appealed, the variance findings in § 10.84.050 shall apply to the appeal of the minor deviation.

(Ord. 2025-01, passed 1-7-2025)

The initial life and subsequent extensions of time for a variance or minor deviation shall be per Chapter 10.70,

except that when any variance that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Chapter 8.24, the variance or minor deviation shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the variance or minor deviation.

(Ord. 2025-01, passed 1-7-2025)

Revocation of an approved variance or minor deviation shall be conducted consistent with procedures and notice requirements in Chapter 10.70.

(Ord. 2025-01, passed 1-7-2025)