A. 
Purpose. The purpose of a variance is to provide for deviations from the strict application of the requirements of this title due to special circumstances applicable to a property which deprive the property of privileges enjoyed by other properties in the vicinity which are subject to identical zoning regulations.
B. 
Commission hearing procedure.
1. 
Application. Application for a variance shall be filed pursuant to § 20.400.040 together with the appropriate fee as determined by City Council resolution.
2. 
Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the general plan, and shall report the findings to the Commission.
3. 
Notice of hearings. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be made pursuant to Chapter 20.416.
C. 
Findings. The Planning Commission, in approving a variance, must make the following findings:
1. 
There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which result in the strict application of the requirements of this title, depriving the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications.
2. 
The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
3. 
The granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the property.
D. 
Commission action.
1. 
The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within 21 days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant.
2. 
The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution by the Commission, subject to the filing of a timely appeal pursuant to Chapter 20.424.
(Ord. 1269, 12/2/2025)
A. 
Any permit, approval or variance granted pursuant to this title, or granted under any of the prior zoning ordinances in the city and is still in effect, including any which may have been granted automatically for a nonconforming prior use, shall be revoked upon a finding that one (1) or more of the following conditions exist:
1. 
That the use is detrimental to the public health or safety or is a nuisance;
2. 
That the permit, approval or variance was obtained by fraud;
3. 
That the use for which the permit, approval or variance was granted has ceased, or has been suspended for one (1) year or more;
4. 
That the applicant has not complied with one or more of the conditions of approval or the permit, approval or variance.
B. 
Any such finding shall be by the Planning Commission after public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given ten (10) days advance written notice by first class mail directed to applicant's address of record (or such successor's address so furnished), as per the files of the Planning Commission. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal pursuant to Chapter 20.424. Action of the Planning Commission, or the Council, shall be by resolution, shall contain specific findings and specific action relative to revocation.
C. 
Notwithstanding the provisions set forth above, the Commission, or the Council, as the case may be, with respect to any ground of revocation coming with paragraphs A.3. or A.4., above, may grant a period of time within which the use may be reactivated, or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. No further appeal from any action of the Planning Commission shall be permitted, and such action of the Planning Commission or Council shall be final and conclusive.