A. 
Variances are permitted to prevent or lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the land use code as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimension of a site; from geographic, topographic, or other physical conditions on the site in the immediate vicinity; or from population densities, street locations, or traffic conditions in the immediate vicinity.
B. 
Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance.
C. 
The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the land use code is provided by the conditional use provisions of this title.
(Ord. 950 § 2 (Exh. A § 2800), 1998)
A. 
The zoning administrator may approve or conditionally approve minor variances to vary by a maximum of 50 percent from any dimensional standard established in this title.
B. 
The planning commission may approve or conditionally approve major variances to the following regulations prescribed in this Title: lot width, frontage, depth and coverage; front, rear and side yards; floor area coverage; minimum site area per dwelling unit (so long as General Plan densities are met); usable open space; height of structures; distances between structures; signs; and off-street parking and loading facilities.
(Ord. 950 § 2 (Exh. A §§ 2805, 2815), 1998; Ord. 1012 § 2 (Exh. A § 9), 2004)
Applications for variances shall be made to the planning and building department on a form prescribed by the department, and shall include the following:
A. 
Name, address, phone and fax number of the applicant.
B. 
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested.
C. 
Address or description of the property.
D. 
Statement of the precise nature of the variance requested and the practical difficulty or unnecessary hardship inconsistent with the objectives of the Land Use Code that would result from a strict or literal interpretation and enforcement of a specified regulation of this Title, together with any other data pertinent to the findings prerequisite to the granting of a variance.
E. 
The plans and drawings listed below. The planning and building director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the Commission to determine whether the circumstances required for the granting of the variance exist:
1. 
An accurate scale drawing of the site and any adjacent property affected by the request, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, land uses, structures, driveways, off-street parking and loading facilities, and landscaped areas.
2. 
If required, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.
3. 
Floor plans, drawn to scale, of buildings and structures to be included as part of the proposed variance, including any alterations to existing structures.
4. 
Architectural elevations of any new construction proposed as part of the application.
F. 
Applicable fees as required by resolution of the City Council.
(Ord. 950 § 2 (Exh. A § 2810), 1998)
Following a public hearing, the planning commission or zoning administrator, as appropriate, may approve a variance application as it was applied for, with conditions or in modified form, or the application may be denied.
(Ord. 950 § 2 (Exh. A § 2 (§§ 2505(c), 2815, 2825), 1998)
A. 
Variances may be granted as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the planning commission or zoning administrator, as appropriate, makes findings of fact that establish that the circumstances prescribed below apply:
1. 
Special circumstances exist with respect to the property in question, including, but not limited to size, shape, topography or surroundings.
2. 
Strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Land Use Code.
3. 
Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
4. 
The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations of other properties classified in the same zoning district.
B. 
The following additional findings shall be made for applications for the following types of variances:
1. 
Signs.
a. 
The granting of the variance will not detract from the attractiveness or orderliness of the city's appearance.
b. 
The granting of the variance will not introduce an inharmonious visual element into the district in which the sign would be located.
c. 
The granting of the variance will not create a hazard to public safety.
2. 
Parking and Loading.
a. 
Neither present or anticipated future traffic volumes generated by the use of the site or uses in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
b. 
The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
c. 
The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the Land Use Code.
(Ord. 950 § 2 (Exh. A §§ 2830, 2835), 1998)
An applicant for a variance may be allowed to submit a bond, letter of credit, or other forms of financial guarantees in order to ensure that required conditions of approval will be fulfilled prior to issuance of certificate of occupancy or issuance of other final City approvals. Such bonding shall be approved by the planning director with respect to the amount of the bond and the specific bonding or instrument of guarantee.
(Ord. 950 § 2 (Exh. A § 2855), 1998)
Approval of a variance shall become effective 10 days following the date on which the variance was granted unless an appeal has been filed with the City Clerk.
(Ord. 950 § 2 (Exh. A § 2840), 1998)
Appeals of a planning commission or zoning administrator action on a variance application shall be as prescribed in HMC § 20.28.085.
(Ord. 950 § 2 (Exh. A § 2845), 1998)
A. 
A variance shall lapse and shall become null and void when the building permit or permit issued authorizing occupancy of the site or structure which was the subject of the variance application lapses or expires.
B. 
A maximum of two 12-month extensions of time may be granted by either the planning and building department director or the planning commission, whichever served as the acting authority on the initial variance application, upon the written request of a responsible party prior to the expiration of the initial term of the approval or the previous extension. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the variance approval shall lapse as of the expiration date.
In order to grant an extension, it must be found by the acting authority that there has been no change of circumstances that could prevent any of the required findings of approval to be made.
(Ord. 950 § 2 (Exh. A § 2850), 1998; Ord. 1132 § 1, 2014)
A variance may be revoked by the planning commission if any conditions of approval are not met, and pursuant to notice procedures in HMC § 20.28.080. Within five days following the date of a decision of the commission revoking a variance, the secretary shall transmit to the City Council written notice of the decision. The decision shall become final 10 days following the date on which the variance was revoked or on the day following the next meeting of the City Council, whichever is later, unless an appeal has been taken to the Council.
(Ord. 950 § 2 (Exh. A § 2860), 1998)
Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.
(Ord. 950 § 2 (Exh. A § 2865), 1998)