Chapter 17.350 VARIANCE

Chapter 17.350
VARIANCE

Sections:

17.350.010 General.

Strict application or interpretation of the property development standards may result in unnecessary physical hardships or may be inconsistent with the general intent of this title due to size, shape, or dimensions of a site, the location of existing structures, or from geographic, topographic, or other conditions on the site or in the immediate vicinity. In these cases, a variance to the property development standards may be granted subject to quasi-judicial review by the planning commission in order to encourage sound development, permit efficient use of the land, and permit reasonable flexibility in title requirements. A variance is not intended to avoid an inconvenience, increase profitability, correct a self-created hardship, or allow the use of property for a purpose not authorized within the zoning district. [Ord. 93 § 5.12.1, 1987].

17.350.020 Initiation.

A variance may be initiated by a property owner or designated representative. [Ord. 93 § 5.12.2, 1987].

17.350.030 Hearing.

A public hearing is required before granting a variance and shall be conducted in accordance with all provisions of Chapter 17.300 CBMC. [Ord. 93 § 5.12.3, 1987].

17.350.040 Decision.

The planning commission may approve, conditionally approve, or deny a permit for a variance from the property development requirements of this title only after adopting findings or statements of fact which substantiate any two of the following conclusions:

(1) There are physical, exceptional, extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the same district.

(2) Strict application of the provisions of this title will constitute an unnecessary hardship or practical difficulty; provided, that the hardship or difficulty was not created by the applicant or an owner of the property.

(3) The variance will not negatively affect abutting property or improvement in the district, nor create a safety hazard.

Although variances generally run with the land, the approval may be limited to the applicant or to the proposed use. [Ord. 93 § 5.12.4, 1987].

17.350.050 Conditions.

The planning commission may impose other conditions deemed to be necessary for any variance when it is determined that the variance may have an impact on the site or surrounding property which can be successfully mitigated by conditions. These substantive conditions shall be stated in terms that are specific and measurable so that the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished. These conditions may include those specified in Chapter 17.355 CBMC. [Ord. 93 § 5.12.5, 1987].