This chapter establishes procedures for allowing deviations from the development standards of this Zoning Ordinance consistent with the purposes of this Title 17 and the General Plan. Variances are intended to resolve practical difficulties or unnecessary hardships resulting from the strict application of development standards when special circumstances pertaining to the land such as size, shape, topography, or location deprives such property of privileges enjoyed by other properties in the vicinity and in the same zoning district. The granting of a variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated.
(Ord. 21-501 § 9)
A variance may be granted to waive or modify any development regulation of the Zoning Ordinance except allowed land uses, maximum residential density, maximum floor area ratio (FAR) regulations, prohibited sign types, or procedural requirements.
(Ord. 21-501 § 9)
Applications for variances shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed application form setting forth the requested regulatory relief and justification thereof, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with State law and procedural guidelines established by the Planning Officer.
(Ord. 21-501 § 9)
The Zoning and Design Review Board, or the Town Council upon appeal, shall approve, conditionally approve, or deny applications for variances.
(Ord. 21-501 § 9)
The Zoning and Design Review Board, or the Town Council upon appeal, shall hold a public hearing on any proposed variance. Notice of public hearing shall be given consistent with Section 17.180.040, Notice of hearing, of this title.
(Ord. 21-501 § 9)
Following the public hearing, the Zoning and Design Review Board, or the Town Council upon appeal, may approve the application and authorize a variance if from the facts presented all of all the following findings can be made:
A. 
There are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district;
B. 
Due to exceptional or extraordinary circumstances not created or attributable to the applicant or owner of the property, the literal enforcement of the provisions of Title 17 would result in practical difficulty or unnecessary hardship;
C. 
This variance will not constitute a grant of special privilege that is inconsistent with limitations imposed on similarly zoned properties;
D. 
This variance is necessary for the preservation and enjoyment of the right of property, the same that is possessed by other property in the same land use designation;
E. 
This variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and
F. 
The granting of such variance will be in harmony with the general purposes and intent of Title 17 and will not adversely affect the General Plan.
(Ord. 21-501 § 9)
In approving a variance, the reviewing authority may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.204.060, Findings and decision, of this title.
(Ord. 21-501 § 9)
A. 
The conditions of approval may include time limits for carrying out the variance; otherwise, any exercise of a variance must commence within two years.
B. 
Once any portion of the granted variance is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative.
(Ord. 21-501 § 9)