Chapter 17.340
VARIANCES
Sections:
17.340.010 Pre-application review.
17.340.030 Application contents.
17.340.050 Expiration and extension.
17.340.010 Pre-application review.
An application for one or more variances subject to Type I or Type II review is not subject to pre-application review, unless filed concurrent with an application that is subject to pre-application review. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.010].
17.340.020 Review process.
(1) Review of a technically complete application for variance of up to 10 percent of the numerical standards for the following: setbacks, buffers, building heights, landscaping, lot coverage and lot dimensions, or lot area is subject to a Type I process, CBDC 17.130.080.
(2) Review of a technically complete application for all other variances greater than 10 percent are subject to a Type II process, CBDC 17.130.090.
(3) An application for a variance(s) necessarily associated with another application(s) subject to this title shall be combined with the associated application(s) for processing and review. The variance application shall be subject to the highest number review procedure applicable to the combined applications.
(4) If an application for a variance(s) is approved and an application(s) subject to an equal or higher number review procedure type is subsequently filed, the decision approving the variance may be altered for good cause by the decision on the merits of the subsequent application(s). [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.020].
17.340.030 Application contents.
An applicant for a variance(s) shall submit the requisite fee and the information required by CBDC 17.130.040, except as otherwise provided therein. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.030].
17.340.040 Approval criteria.
The approval authority may impose appropriate conditions to ensure compliance with the criteria. The appropriate approval authority shall approve a variance request if all the following criteria are met and corresponding findings of fact prepared:
(1) Reasonable use of the property cannot be achieved without the variance.
(2) The variance will not result in violation(s) of any other code standard, and the variance will meet the purposes of the regulation being modified.
(3) The need for the variance was not created by the applicant and/or owner requesting the variance.
(4) If more than one variance is requested, the cumulative effect of the variances results in a project that is consistent with the overall purpose of the zone.
(5) The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.040].
17.340.050 Expiration and extension.
A decision approving a variance expires and can be extended as provided in CBDC 17.130.140. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.050].