A variance may be granted whenever the strict application of a requirement of this Title would impose unusual practical difficulties on one or more property owners, or unnecessary hardships on one or more properties. The authority provided by this Article to grant variances does not extend to the use regulations in any zone district or overlay.
A. 
Applications. In addition to the requirements of Article 3.010: Application Procedures, variance applications shall be accompanied by at least 15 copies of a concept site plan, per the provisions of Article 3.030: Site Plan Review, and a written statement which specifically addresses the review criteria as described in Section 10.3.070.030: Review Criteria.
B. 
Review. Variance applications shall be processed as quasi-judicial actions, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.
C. 
Floodplain Management. Variance requests from floodplain management regulations shall be subject to Section 10.8.030.130.
(Ord. 25-1414, 7/14/2025)
A variance to the requirements of this Title shall be granted only in the event that each of the following circumstances is found to exist:
A. 
The proposed variance will not be contrary to the purposes of this Title, policies of the Comprehensive Plan, or any other applicable policies and standards adopted by the City.
B. 
Exceptional or extraordinary circumstances apply to the subject property, which do not apply generally to other property in the same zone or vicinity. Such circumstances are a result of lot size or shape, topography, or circumstances over which the applicant has no control.
C. 
The variance is necessary for the preservation of a property right of the applicant which is substantially the same as owners of other property in the same zone or vicinity.
D. 
The conditions or circumstances justifying the variance have not been willfully or purposely selfimposed, and do not result from a violation of this Title since its effective date.
E. 
The proposed variance will not substantially reduce the amount of privacy enjoyed by users of neighboring land uses if the variance were not allowed.
F. 
The proposed variance is the minimum variance which would alleviate the difficulty.
In granting the variance, the Hearings Officer may attach any reasonable conditions deemed necessary to ensure the review criteria are met.
(Ord. 23-1400; Ord. 26-1424, 1/12/2026)
An approved variance shall be void 12 months from the date the approving authority signs the decision, or less than 12 months if a shorter time limit is specified as a condition of approval, unless a building permit has been issued and substantial construction has taken place. An extension of time may be granted twice, for up to 12 months per extension, upon written request filed before the approval expires. An extension shall be approved only upon a showing of good cause and a demonstration that applicable standards and criteria have not materially changed in a manner that would preclude approval. As a condition of granting an extension, the approving authority may impose additional reasonable conditions or require a performance guarantee, per the provisions of Section 10.9.040.060.I: Performance Guarantee, which may require that any and all security be forfeited to the City in the event that substantial progress on the proposed development has not been made by the end of the extension period. Where another section of this Title specifies a different time limit or extension standard for a particular use or approval, the more specific section controls.
(Ord. 26-1424, 1/12/2026)