The purpose of this article is to ensure that all persons and their property are guaranteed equal rights and opportunities under similar circumstances. A variance is never to be used to endow certain persons or property with special privileges denied to all others under similar circumstances. Variances may only be granted for dimensional, area and bulk requirements (e.g., height, setbacks, yard size, lot coverage, frontage, floor area and the like) specified by this code.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
This article shall apply to all applications for variances from the provisions of this code, except for reasonable economic use variances and environmentally sensitive area buffer width reductions, which shall be governed by the provisions of Article VI-D of Chapter 18.15 JCC.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
The application for a variance shall be submitted to DCD on forms provided by the department, along with the appropriate fees established under the most recently adopted DCD fee schedule. The application shall include all materials required pursuant to JCC § 18.40.100.
(2) 
The administrator may waive specific submittal requirements determined to be unnecessary for review of an application.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
The following are subject to this permit review process:
(1) 
Minor and Major Variances Distinguished.
(a) 
Minor variances include variances that would permit minor deviation from an existing building, or a new development, by no more than 10 percent beyond the dimensional, area, bulk requirements, setback or lot coverage requirements specified by this code. The applicant shall demonstrate the proposed deviation would not:
(i) 
Constitute a threat to the public health, safety and general welfare;
(ii) 
Increase the nonconformity of the existing building; and
(iii) 
Result in any portion of the existing building being located closer to an abutting property line than does the existing building at its nearest point to the property line.
(b) 
Major variances include all other variances (i.e., all variances not described in subsection (1)(a) of this section).
(2) 
Minor Variances. Applications for minor variances shall be processed according to the procedures for Type II land use decisions established in JCC § 18.40.270.
(3) 
Major Variances. Applications for major variances shall be processed according to the procedures for Type III land use decisions established in Article IV of this chapter.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
A variance may be granted only if the applicant demonstrates all of the following:
(1) 
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district in which the subject property is located;
(2) 
The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use district in which the subject property is located;
(3) 
The granting of the variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and land use district in which the subject property is located;
(4) 
The special circumstances of the subject property make the strict enforcement of the provisions of this code an unnecessary hardship to the property owner;
(5) 
The special circumstances are not the result of the actions of the applicant; and
(6) 
The variance is consistent with the purposes and intent of this Unified Development Code.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
In granting any variance, the decision-maker may prescribe appropriate conditions and safeguards to assure that the purpose and intent of this code will not be violated.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
The administrator or hearing examiner (as applicable) may not grant a variance under this article for the following:
(1) 
The provisions of this code establishing allowed, conditional, discretionary and prohibited uses within the various land use districts (i.e., Table 3-1 in JCC § 18.15.040);
(2) 
The density provisions of this code;
(3) 
The procedural or administrative provisions of this code; or
(4) 
Any provision of this code which, by its terms, is not subject to a variance.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
A variance approval automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the date of the decision granting the variance unless the variance approval provides for a greater period of time.
(2) 
Extensions to the duration of the original variance approval are prohibited.
(3) 
The department of community development shall not be responsible for notifying the applicant of an impending expiration.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
In appropriate circumstances, the administrator or hearing examiner (as applicable) may require a reasonable performance or maintenance assurance device, in a form acceptable to the prosecuting attorney, to assure compliance with the provisions of this title and the variance as approved.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))