Chapter 17.60
VARIANCES

Sections:

17.60.010    Intent.

17.60.020    Scope.

17.60.030    Procedure.

17.60.040    Findings.

17.60.050    Expiration.

17.60.010 Intent.

The variance procedure is intended to allow minor relaxation by the director of certain standards that would otherwise prevent a property from being used in the same manner as other, similar property, where the intent of these regulations is not compromised by such minor relaxation. (Ord. 941 § 1 (part), 1982: prior code § 9204.3(A))

17.60.020 Scope.

Yards, height limits, coverage and parking space requirements may be relaxed. No variance to use regulations or density standards may be granted. (Ord. 941 § 1 (part), 1982: prior code § 9204.3(B))

17.60.030 Procedure.

A. Application shall be in the form prescribed by the director, shall state the precise nature of the grounds for the variance sought, and shall generally follow the form established for use permits.

B. Notification requirements and actions of the director shall be as provided for administrative use permits in Section 17.58.030(A). (See also Section 17.58.030(B)(3)). (Ord. 941 § 1 (part), 1982: prior code § 9204.3(C))

17.60.040 Findings.

In order to approve a variance, the director, planning commission or council must make each of the following findings:

A. That there are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning;

B. That the variance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning;

C. That the variance will not adversely affect the health, safety or general welfare of persons residing or working on the site or in the vicinity. (Ord. 941 § 1 (part), 1982: prior code § 9204.3(D))

17.60.050 Expiration.

If building permits are not issued for site development authorized by variance within three years of the date of approval or such longer time as may be stipulated as a condition of approval, the variance shall expire. Upon written request received prior to expiration, the director may grant renewals of variance approval for successive periods of not more than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the variance was originally approved have substantially changed. Renewal of a variance shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the director must make the findings required for initial approval. (Ord. 1553 § 23, 2010: Ord. 1006 § 1 (part), 1984: prior code § 9204.3(E))