This article is intended to provide a mechanism for relief from the strict application of these planning regulations where strict application would deprive the property owner of privileges enjoyed by owners of similar properties because of the property's unique and special conditions.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A variance may be granted with respect to dimensional and performance standards, except that certain minor exceptions to standards may be granted pursuant to Article 8 of this chapter, Exceptions to Standards. A variance may not be granted to authorize a use that is not otherwise authorized by these planning regulations, nor may a variance be granted from any standard that is based on requirements of the General Plan, including, but not limited to, floor area ratio, height, or residential density. A deviation from such a General Plan standard requires a General Plan amendment pursuant to Article 12 of this chapter. Personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent because each case must be considered only on its individual merits.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for a variance shall be considered by the Planning Commission and shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications. In addition to any other application requirements, an application for a variance shall include data or other evidence demonstrating that:
(a) 
There are special circumstances or conditions applicable to the property, such as size, shape, topography, location, surroundings, or existing structures, which do not apply generally to uses, land or structures in the vicinity and in the same zoning district.
(b) 
Due to the special circumstances applicable to this property, strict application of the regulation from which a variance is sought would deprive the property owner of privileges enjoyed by other property owners in the same zoning district.
(c) 
Special circumstances applicable to the property were or are not self-imposed by the property owner.
(d) 
Authorization of the variance would substantially meet the intent and purpose of the zoning district in which the subject property is located and would not be detrimental to the health, safety, and general welfare of persons living or working in the neighborhood or to the general welfare of the City.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To grant a variance, all of the following findings must be made:
(a) 
The proposal for which the variance is sought is consistent with the General Plan.
(b) 
Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of these planning regulations would deprive the property owner of privileges enjoyed by the owners of other property in the vicinity and in the same zoning district.
(c) 
The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the vicinity and in the same zoning district and the variance, if granted, would not constitute a special privilege of the recipient inconsistent with limitations on other properties in the vicinity and in the same zoning district.
(d) 
Granting the variance would not be materially detrimental to the public health, safety, or welfare and would not impair an adequate supply of light and air to adjacent property.
(e) 
The conditions upon which the requested variance is based would not be applicable, generally, to other property in the same zoning district.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission's decision on a variance may be appealed to the City Council pursuant to Article 14 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)