When, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title will deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, or deprive provision of solar access, variances may be granted by the Planning Commission or Zoning Administrator as provided in this chapter; provided, however, that no variance may be granted under this title that authorizes a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property. Any decision granting a variance shall expressly set forth the findings of fact which support such decision.
(Ord. 1368, 4/20/2026)
Application for a variance shall be made in writing on a form prescribed by the Planning Commission or the Director of Planning and Building and shall be accompanied by a fee in an amount to be fixed by resolution adopted by the City Council. The application shall include the information and materials specified in the most up-to-date Planning and Building Department handout for variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.63.040.
(Ord. 1368, 4/20/2026)
The Planning Commission or Zoning Administrator shall hold a public hearing on each application for a variance after the application is accepted as being complete. Notice of the hearing shall be given as specified in Section 20.60.200.
(Ord. 1368, 4/20/2026)
In order to grant a variance, the Planning Commission or Zoning Administrator shall make each and every required finding under subsections A, B, C and D of this section. The required findings shall apply to the land, building or use for which the variance is sought and the variance shall be consistent with the general purposes of this title. The required findings are as follows:
A. 
That there are exceptions, or extraordinary circumstances, or conditions applying to the land, building or use referred to in the application, which circumstances or conditions are peculiar to the property in question, and do not apply generally to land, buildings and/or uses in the same district.
B. 
That the hardship is not due to any action on the part of the applicant.
C. 
That the granting of the application is necessary for the preservation and enjoyment of reasonable property rights of the petitioner.
D. 
That the granting of such application will not, under the circumstances of the particular case, affect adversely the health, comfort or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(Ord. 1368, 4/20/2026)
The Planning Commission or Zoning Administrator may designate such conditions in connection with a variance as deemed necessary to secure the purpose of this title and may require such guarantees and evidences that said conditions are being or will be complied with.
(Ord. 1368, 4/20/2026)
No building permit shall be issued where a variance is required until such variance has been granted, and then only in accordance with the terms and conditions of the variance so granted. No building permit shall be issued until the 10-day appeal period as provided in this title has elapsed. If an appeal is filed, in writing, then no building permit may be issued before the matter has been settled.
(Ord. 1368, 4/20/2026)
Variances to regulations pertaining to lot size, setback, height limitations, lot coverage, and yard requirements may be allowed to improve solar access or energy conservation. (For definition of "solar access" refer to Section 20.08.162.)
(Ord. 1368, 4/20/2026)
If the applicant for a variance has been notified by the City in writing that construction/alteration of the structure has commenced in violation of and/or in conflict with the terms and conditions of the variance approval or this title, and construction continues after such notice, enforcement shall proceed per Section 20.68.060.
(Ord. 1368, 4/20/2026)
Any variance may be revoked if any of the conditions or terms of such variance are violated or for other good cause. In such case the approving body (Zoning Administrator or Planning Commission) shall hold a hearing on the proposed revocation, after giving written notice to the variance holder at least 10 days prior to the hearing.
(Ord. 1368, 4/20/2026)
Any variance becomes null and void if it is not exercised within two years following the date it is granted unless otherwise specified in its conditions of approval. When a variance has not been exercised within two years (or other deadline specified in conditions of approval) and good cause for such delay has been shown, the Director of Planning and Building may grant an extension of not more than one year within which time such variance may be exercised. A variance shall be deemed to have been exercised if a building permit has been issued, construction has been commenced, and construction has been or is being diligently pursued toward completion.
(Ord. 1368, 4/20/2026)