Chapter 11.59 — VARIANCES

This Chapter is intended to provide a mechanism for relief from the strict application of this Code where such strict application would deprive the property owner of privileges enjoyed by similar properties in the vicinity and under the same zoning classification because of the subject property's unique and special conditions.

(Ord. No. 1624)

This Chapter applies to variations to standards that exceed the thresholds to qualify for a waiver or exception pursuant to Chapter 11.60, Waivers and Modifications. Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow land uses or activities that this Code does not authorize for a specific site.

(Ord. No. 1624)

The Planning Commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this Chapter.

(Ord. No. 1624)

(a)

Application requirements. Applications for a variance shall be filed with the Planning Department on the prescribed application forms in accordance with the procedures in Chapter 11.53, Common Procedures. In addition to any other application requirements, the application for a variance shall included data or other evidence showing that the requested variance conforms to the required findings set forth in Section 11.59.050, Required Findings for Approval.

(b)

Public notice and hearing. An application for a variance shall require public notice and hearing before the Planning Commission pursuant to Chapter 11.53, Common Procedures.

(Ord. No. 1624)

After conducting a public hearing, the Planning Commission may approve or conditionally approve a variance application only if it can make all of the following findings. The decision-making authority shall deny an

application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

(1)

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

(2)

The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which subject property is situated.

(3)

The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated.

(4)

The granting of the variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans or adopted community plans, and the General Plan.

(5)

The variance does not authorize a use that is not otherwise permitted in the zone.

(Ord. No. 1624)

In approving a variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 11.59.050, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1624)

(a)

Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 11.53.150, Appeals and Calls for Review.

(b)

Expiration, extensions and modifications. Variances are effective and may only be extended or modified as provided for in Chapter 11.53, Common Procedures.

(c)

Failure to comply with conditions. Failure to comply with any variance condition is a violation of this Code subject to enforcement, penalties, and legal procedure as prescribed by Chapter 11.67, Enforcement and Abatement Procedures.

(d)

Revocation of variance. A variance may be revoked as provided by Section 11.53.140, Revocation of Approvals.

(Ord. No. 1624)

CHAPTER 11.60 - WAIVERS AND MODIFICATIONS