When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this title occur by reason of a strict interpretation of any of the provisions of this title, the planning commission upon its own motion may, or upon the verified application of any interested person shall, in specific cases, initiate proceedings for the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to assure that the spirit and purposes of this title will be observed, public safety and welfare secured, and substantial justice done.
(Ord. 1719 § 1, 2010)
All acts of the planning commission and city council under the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title apply in special cases, as provided in this chapter, and shall not be construed as amendments to the provisions of this title or the zoning map specified in Section 18.06.020.
(Ord. 1719 § 1, 2010)
Before a variance may be granted, all of the following findings shall be made:
A. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;
B. 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located;
C. 
That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity;
D. 
That the granting of such variance will not adversely affect the comprehensive general plan.
(Ord. 1719 § 1, 2010)
Applications for variances shall be accompanied by the following information:
A. 
A plot plan and description of the property involved showing the location of all existing and proposed buildings; plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings;
B. 
A reference to the provisions of this title under which application is sought;
C. 
A verified list of the name and address of each property owner within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last known name and address of such owners as shown upon the most recent assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
A. 
Applications for variances shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to the provided thereon. No petition shall be received unless it complies with such requirements.
B. 
Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.
(Ord. 1719 § 1, 2010)
The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous variances.
(Ord. 1719 § 1, 2010)
Following the receipt in proper form of any such application, the secretary of the planning commission shall fix a time and place of public hearing thereon. Not less than ten days before the date of such public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given in the following manner:
A. 
By publishing once in a newspaper of general circulation in the city;
B. 
By mailing a notice, postage prepaid, to the applicant, to each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last known name and the address of such owners as shown upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in Section 18.76.070. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.
(Ord. 1719 § 1, 2010)
A. 
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial.
B. 
The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.
C. 
Any use which is distinguished or characterized by matter depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" shall be exempt from the provisions of this chapter and shall instead be subject to the provisions of Chapter 18.56 et seq. of this code.
(Ord. 1719 § 1, 2010)
A. 
The granting, either with or without conditions, or the denial of such application by the planning commission shall be final unless within ten working days from the date of the decision of the planning commission the applicant, or any other person aggrieved, appeals there from in writing to the city clerk. Council members who desire to file any such appeal as a councilmember shall do so within six working days from the date of the decision of the planning commission. The city clerk, after the filing of such appeal, shall set a date for a public hearing; giving of notice and conduct of the hearing shall be the same as prescribed in this chapter for hearing by the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of the voting members of the city council.
B. 
No permit or license shall be issued for any use involved in an application for a variance or conditional use permit until the same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.
(Ord. 1719 § 1, 2010)
A. 
If the use authorized by any variance is or has been unused, abandoned or discontinued for a period of one year, the variance shall become null and void and of no effect.
B. 
The planning commission or the city council may, upon their own initiative or upon the request of the applicant, extend the use authorized by the variance for a period not to exceed one year. Such action shall be initiated prior to the original expiration date of the variance. This action shall be by administrative procedure and shall not require a public hearing. A maximum of one extension may be granted.
(Ord. 1719 § 1, 2010)
A. 
Upon violation of any applicable provision of this title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions occurring after the original grant of the variance permit which change in conditions makes the continuation of the variance incompatible with the general welfare of the surrounding neighborhood, a variance shall be suspended automatically.
B. 
The planning commission shall hold a public hearing within forty days in accordance with the procedures prescribed in this chapter for appeals, 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. Within fifteen days following the date of a decision of the planning commission revoking a variance, the secretary shall transmit to the city council written notice of the decision. The decision shall be final thirty days following the date on which the variance was revoked unless an appeal has been filed.
(Ord. 1719 § 1, 2010)