Article 5 — Variances

• A. Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 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 zone in which such property is situated.

• B. The power to grant variances does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditional uses provisions of this title.

• C. The Planning Commission may grant variances to the regulations prescribed by this chapter, in accord with the procedure prescribed in this section, with respect to fences, walls, hedges, screening, and landscaping; site area, width, and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities, or frontage on a public street. For certain items as identified in Section 18.38.060 variances may be granted by the Zoning Administrator subject to the requirements as prescribed in Chapter 18.38 .

• (Ord. 2004-884; Ord. 2019-1056 § 3)

Application for a variance shall be filed with the Community Development Director on a form prescribed by the Director and shall include the following data and plans:

• A. Name and address of applicant.

• B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested.

• C. Address and legal description of the property.

• D. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objective of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in Section 18.36.445 .

• E. An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities and landscaped areas.

• F. A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

• G. The Community Development Director may require additional information on plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting

of a variance exist. The Director may waive the requirement to submit any or all of the plans and drawings required by this section if they are not necessary. (Ord. 2004-884; Ord. 2019-1056 § 3)

The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this article. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics. (Ord. 2004-884; Ord. 2019-1056 § 3)

The Community Development Director shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to public hearing. (Ord. 2004-884; Ord. 2019-1056 § 3)

The Planning Commission shall hold a public hearing on an application for a variance. The hearing shall be set and notice given as prescribed in Article 8 of this chapter. At a public hearing, the Commission shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 18.36.445 .

(Ord. 2004-884; Ord. 2019-1056 § 3)

• A. Within 21 days following the close of the public hearing on a variance application, the Planning Commission shall act on the application. The Commission may grant by resolution a variance as the variance was applied for or in modified form, or the application may be denied. A variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Commission may prescribe. Upon failure to act within the prescribed 21-day period, the commission shall lose jurisdiction and an appeal may be taken to the City Council as prescribed in Article 9.

• B. Decisions of the Planning Commission shall be by a majority of the quorum. (Ord. 2004-884; Ord. 2019-1056 § 3)

The Planning Commission may grant a variance to a regulation prescribed in this title with respect to fences, walls, hedges, screening, or landscaping; site area, width, or depth; front, rear or side yards; coverage, height of structures; distances between structures, usable open space, or frontage on a public street, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the circumstances prescribed in subsections A, B and C of this section do apply.

• A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such

property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

• B. That the granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which said property is situated.

• C. That the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

• (Ord. 2004-884; Ord. 2019-1056 § 3)

The Planning Commission may grant a variance to a regulation prescribed by this title with respect to off-street parking facilities as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the circumstances prescribed in Section 18.36.445 apply and the following circumstances also apply:

• A. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

• B. That the granting of a variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

• C. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this title.

Notwithstanding Section 18.36.445 , the Planning Commission may grant a variance to off-street parking regulations for nonresidential developments proposing to provide parking spaces off site, or proposing in-lieu fees or facilities, if both of the following conditions are met:

1. The variance is an incentive to, and a benefit for, the proposed development.

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

• (Ord. 2004-884; Ord. 2019-1056 § 3)

• A. A variance shall lapse and become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.

• B. A variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the variance or the renewal became effective, an application for renewal of the variance is filed with the Community Development Director.

• C. The Planning Commission may grant or deny an application for renewal of a variance. (Ord. 2004-884; Ord. 2019-1056 § 3)

Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a variance shall be suspended automatically. The Planning Commission shall hold a public hearing within 40 days, in accordance with the procedure prescribed in Section 18.36.435 , and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the variance or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. The decision shall become final 15 days following the date on which the variance was revoked or modified unless an appeal has been filed within the prescribed 15-day appeal period, in which case Section 18.36.820 shall apply. (Ord. 2004-884; Ord. 2019-1056 § 3)

• A. A variance may be terminated for one or more of the following:

  1. That the use for which such approval was granted has ceased to exist or has been inoperative for a period of six consecutive months or more.

  2. That the approval was obtained by fraud.

  3. That the use has been exercised contrary to, or in violation of, any statute, law, ordinance or regulation, or condition of approval applicable thereto.

  4. That the use is exercised in a manner to be detrimental to the public health or safety, so as to constitute a nuisance.

  5. That changed circumstances result in facts or findings originally granted which no longer exist.

• B. A public hearing shall be held by the Planning Commission to determine if grounds exist for the termination of a variance.

• C. The public hearing shall be set and notice given as prescribed in Article 8.

• D. The action by the Planning Commission to terminate a variance shall become final within 15 days, unless an appeal is filed.

• E. Any action of the Planning Commission to terminate a variance may be appealed to the City Council in accordance with Section 18.36.820 .

• (Ord. 2004-884; Ord. 2019-1056 § 3)

Following the denial or revocation of a variance application, no application for a variance for the same or substantially the same variance on the same or substantially same site shall be filed within one year of the date of denial or revocation of the variance.

(Ord. 2004-884; Ord. 2019-1056 § 3)

Unless otherwise specified at the same time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application. (Ord. 2004-884; Ord. 2019-1056 § 3)