The planning commission may authorize a variance from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of the requirements of this title would cause an undue hardship.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
No variance shall be granted which will permit a use not permitted in the zone applicable to the property or to alter any procedural requirement of this title. No variance shall be granted to further reduce in size a substandard lot.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
An application for a variance shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
Variance permits are Type III decisions. The planning commission shall conduct a public hearing on the application and may approve, approve with conditions, or deny the application for a variance. In approving a variance, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
In order to grant a variance, the planning commission shall make findings of fact to support the following conclusions:
A. 
That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings, or structures in the same district;
B. 
That strict interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
C. 
That the special conditions or circumstances do not result from the actions of the applicant and do not merely constitute inconvenience;
D. 
That granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and
E. 
That any variance granted shall be the minimum that will make possible a reasonable use of land, buildings and structures.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
A variance shall become void two years after the date of final approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
The permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
The planning director shall have the authority to grant administrative relief of up to 20 percent on one site development requirement without the need for a variance. Administrative variances shall be reviewed and determined as Type I decisions, and may be approved only after finding that approval shall result in:
A. 
More effective use of the site;
B. 
The preservation of natural features, where appropriate;
C. 
The adequate provision of light, air and privacy to adjacent properties; and/or
D. 
Adequate access.
(Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)