§ 19.44

This Chapter establishes a variance procedure to waive or modify the zoning standards under certain special circumstances if specific findings can be made. It is recognized that under certain circumstances, the strict or literal interpretation and enforcement of the provisions of the zoning regulations may deprive a property of development potential enjoyed by other properties in the vicinity under the identical zoning classification.

A variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a variance. The provisions of this Chapter shall not apply to public safety regulations based on authority mandated by state law or other ordinances.

A.

Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

Variances shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a variance application.

The Planning Commission shall hold a public hearing prior to taking action on a variance. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

In approving an application for a variance, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A.

Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.

B.

Requirements for installation and maintenance of landscaping, and erosion control measures.

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for increased security.

G.

Requirements for periodic review.

H.

Requirements for special building design and features to enhance the visual impact and integrate the use into the community.

I.

Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving a variance as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That, because of special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the Development Code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification.

B.

That granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning classification.

C.

That granting of the variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements.

D.

That granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning classification in which the property is located.

E.

That granting of the variance does not allow a use or activity which is prohibited by the zoning regulation governing the parcel.

F.

That granting of the variance will not be inconsistent with the goals and policies of the adopted General Plan.

Written notice of decision shall be provided within five business days of the date of decision to the applicant, interested parties having requested notices in writing, and record owners of real property within 300 feet of the subject parcel as measured from the property line. The notice shall include:

A.

The application request as acted upon by the Planning Commission.

B.

The action taken by the Planning Commission.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

Variances shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

A.

Variances shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

B.

Exceptions. A variance for a public utility installation may be valid for a longer period if specified by the approving authority.

The expiration date of a variance may be extended for a period not to exceed one year.

An applicant may request an amendment to a variance after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 19.28.140 (Amendments to Previously Approved Permits).

Chapter 19.46 - Zone Change and Development Code Amendment