A. 
Title. The provisions of this chapter shall be known as the "variance procedure" of this title.
B. 
Purpose. The purpose of these provisions is to establish a procedure through which a property owner may seek a relaxation or waiver of the zoning regulations of this title where there are extraordinary circumstances associated with a parcel of land such that the land or facilities cannot be used to the extent intended by the zoning. It shall be the purpose of this procedure to allow justice, while preserving to the greatest possible extent the purposes of the zoning regulations.
(Ord. 408, 1987)
This procedure shall apply to all proposals to relax any of the regulations of the zoning regulations of the zoning ordinance, except a variance cannot be granted to permit a use not otherwise allowed in the zone.
(Ord. 408, 1987)
A. 
A variance application shall be processed pursuant to Section 17.800.010.
B. 
Following a determination that an application is complete the application shall be reviewed by the planning commission which shall hold a public hearing or by the zoning administration pursuant to Section 17.860.007 if applicable.
C. 
In considering a variance application the planning commission shall determine whether the conditions surrounding the property and the proposed project justify their being able to make the findings prescribed by state law and set forth in Section 17.860.005.
D. 
Following consideration the planning commission or zoning administrator pursuant to Section 17.860.007 shall deny, approve or conditionally approve an application requiring such changes or imposing such reasonable conditions of approval as are in its judgment necessary to carry out the general purpose of the zoning regulations. However, when a variance is combined with an application requiring legislative action (such as a zoning amendment, general plan amendment, or development agreement), the planning commission's action will be advisory to the city council, which becomes the decision maker.
(Ord. 408, 1987; Ord. 977 § 5, 2016)
A variance may be granted only upon determination that all of the following findings can be made:
A. 
That strict compliance with the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the purposes of the zoning regulations, due to unique physical or topographic circumstances or conditions of design; or alternatively that strict compliance would preclude an effective design solution improving livability, operational efficiency or appearance.
B. 
That strict compliance with the regulation would deprive the applicant of privileges enjoyed by owners of similarly zoned property; or alternatively that strict compliance would preclude an effective design solution fulfilling the basic intent of the applicable regulations.
C. 
That if granted, the variance will not adversely affect the character, livability or appropriate development of abutting properties or the surrounding area, and will not be detrimental to the public welfare or contrary to adopted plans or development policy.
D. 
That the variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations.
(Ord. 408, 1987)
Unless a different termination date is prescribed, variances shall terminate one year from the effective date of their granting, unless actual construction or alteration under valid permits, or actual commencement of the authorized activities in the case of a variance not involving construction or alteration, has begun within such period. However, such period of time may be extended by the planning commission upon application filed at any time before such period has expired.
(Ord. 408, 1987)
The city council may by ordinance, empower the zoning administrator with full authority to review and act upon variance applications in the manner prescribed for the commission in this procedure; or may apportion specific kinds of variance applications to the zoning administrator, provided the ordinance establishes clear lines of separated responsibility over specific kinds of variances so that no overlap of administrative authority occurs between the zoning administrator and planning commission. Authority is granted to the zoning administrator to consider and take action on variances as follows:
A. 
Minor Variances.
1. 
The zoning administrator may, without conduct of a public hearing, grant variances as follows:
a. 
The reduction of any required front or rear yard in a residential zone in an amount not to exceed ten percent of the minimum required;
b. 
The reduction of any required yards in a nonresidential zone in an amount not to exceed ten percent of the minimum required;
c. 
The reduction of the total required side yard in a residential zone in an amount not to exceed ten percent of the minimum required;
d. 
The increase in the maximum allowable building height in an amount not to exceed ten percent of the maximum allowable.
2. 
Prior to any grant of variance the zoning administrator shall be required to make the findings set forth in Section 17.860.005 except, however, for purposes of this section an error in design of a development or misplacement of the development on the lot shall constitute hardship provided that, in the opinion of the zoning administration, conformance to the zoning ordinance will involve major financial hardship to the project.
(Ord. 408, 1987)
Actions of the planning commission or zoning administrator may be appealed pursuant to Chapter 17.880. In addition the planning commission, by motion, may order that a specific application acted on by the zoning administrator, be presented to the planning commission for review and action.
(Ord. 408, 1987)
The "parking variance" procedure set forth in Section 65906.5 of the state Planning and Zoning Law is not applicable. Similar provisions not requiring a variance are set forth in Section 17.620.019 (Off-street parking).
(Ord. 408, 1987)