A.
Variances
from the provisions of this title shall be granted only when, because
of special circumstances applicable to the property, such as size,
shape, topography, location or surroundings, the strict application
of this division deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to conditions to ensure that
the variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and in
the same land use category as the subject property.
B.
A variance
may be granted from any provision of this title, except that a variance
shall not be granted for a parcel of property which authorizes a use
or activity which is not otherwise expressly authorized by the zone
regulation governing the parcel of property.
(Prior code § 2-4-1; Ord. 600-88 § 2)
The following shall be included with any application for a variance
in order for such application to be complete and accepted for filing:
A.
A completed
application form;
B.
Plans
as required by the director of planning and building;
D.
An
environmental application;
E.
Other
information as may be required by the director of planning and building.
(Prior code § 2-4-2; Ord. 600-88 § 2)
The planning commission shall hold at least one public hearing, in accordance with Chapter 17.12, and shall approve, conditionally approve, or deny the variance request by resolution based on the findings set forth in Section 17.24.040.
(Prior code § 2-4-3; Ord. 600-88 § 2)
The following finding must be made by the approving body to
grant a variance request:
A.
The
strict application of provisions of this title deprives the property
of privileges enjoyed by other property in the vicinity and in an
identical land use category because of special circumstances applicable
to the property, such as size, shape, topography, location or surroundings;
B.
The
granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the same
vicinity and in the same land use category; and
C.
The
granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to other properties or
improvements in the vicinity.
(Prior code § 2-4-4; Ord. 600-88 § 2)
A decision of the planning commission relating to a variance application may be appealed to the city council within fifteen days after receipt by the applicant of notice of the decision, in accordance with Chapter 17.12.
(Prior code § 2-4-5; Ord. 600-88 § 2)
A.
A variance
shall become valid and effective fifteen days after receipt by the
applicant of notice of the action of the planning commission, unless
an appeal of such action is filed with the city clerk. If the action
of the commission is appealed, the variance shall not be valid and
effective unless approved by the city council, and then only on the
date of receipt by the applicant of notice of such approval.
B.
A variance
which is not used within the time specified in the conditions of such
variance, or, if no time is specified, within one year after the effective
date of the variance becomes null and void. A variance shall be deemed
to be used when a building permit has been issued to construct the
improvements contemplated by the variance, and if the improvements
are thereafter completed pursuant to such permit. In all cases, the
planning commission may from time to time and for good cause grant
further time either before or after the expiration of the variance.
(Prior code § 2-4-6 (a) — (h); Ord. 600-88 § 2)
If the property subject to an approved variance violates any provision of this title except the provision for which the variance was granted, or if there is a failure to comply with any conditions of approval, the variance may be revoked in accordance with the procedures outlined in Section 17.12.110.
(Prior code § 2-4-7; Ord. 600-88 § 2)
