Chapter 17.50
VARIANCES Amended Ord. 865
Sections:
17.50.010 Purposes and authorization.
17.50.020 Application – Data and maps required.
17.50.050 Investigation and report.
17.50.060 City Council action.
17.50.080 Signs – Additional findings.
17.50.090 Parking – Additional findings.
17.50.100 City Council action – Rehearing. Amended Ord. 865
17.50.140 Variance related to plans submitted.
17.50.010 Purposes and authorization.
A. Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning development ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the deviation thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
B. The power to grant variances does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditional uses provisions of this title.
C. The City Council may grant variances to the zoning development regulations prescribed by this title in accord with the procedure prescribed in this chapter, with respect to fences, walls, hedges, screening and landscaping; width, and depth; front, rear, and side yards; coverage; height of structures; distances between structures; usable open space; signs; off street parking facilities, or frontage on a public street. (Ord. 113 § 1 (Exh. A 10.2.1), 1983)
17.50.020 Application – Data and maps required.
Application for a variance shall be filed with the Development Services Director on a form prescribed by the Development Services Director and shall include the following data and maps:
A. Name and address of the applicant;
B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested;
C. Address and legal description of the property;
D. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in PMC 17.50.070;
E. An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities and landscaped areas;
F. A list of all owners of property located within 500 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;
G. The Development Services Director may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance exist; the Development Services Director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 10.2.2), 1983)
17.50.030 Application – Fee.
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling and processing the application as prescribed in this chapter. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics. (Ord. 113 § 1 (Exh. A 10.2.3), 1983)
17.50.040 Public hearing.
The City Council shall calendar a public hearing on an application for a variance. The hearing shall be set and notice given as prescribed in PMC 17.46.050. At a public hearing, the Council shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in PMC 17.50.070. (Ord. 113 § 1 (Exh. A 10.2.4), 1983)
17.50.050 Investigation and report.
The Development Services Director shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the City Council and made available to the applicant prior to the public hearing. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 10.2.5), 1983)
17.50.060 City Council action.
The Council may grant by resolution a variance as was applied for or in modified form, or the application may be denied. Variance for signs may be conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be required to conform upon change of ownership, and/or shall automatically expire upon any designated period of time. (Ord. 492 § 14, 1998; Ord. 113 § 1 (Exh. A 10.2.6), 1983)
17.50.070 Findings.
The City Council may grant a variance to a regulation prescribed by this title with respect to fences, walls, hedges, screening or landscaping; width, or depth; front, rear, or side yards, coverage; height of structures; usable open space, or frontage on a public street, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in subsections A through F of this section do apply.
A. That there are special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property, and because of this, the strict application of the zoning development ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; and
B. That granting the variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought; and
C. That granting the variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and
D. The granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and
E. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the parcel of property; and
F. That granting the variance or its modification will not be incompatible with the City general plan. (Ord. 113 § 1 (Exh. A 10.2.7), 1983)
17.50.080 Signs – Additional findings.
The City Council may grant a variance for sign location and other similar performance standards except area and height as the variance was applied for or in modified form, if on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in PMC 17.50.070 apply and the following circumstances also apply:
A. That the granting of the variance will not detract from the attractiveness or orderliness of the City’s appearance or the surrounding neighborhood;
B. That the granting of the variance will not create a hazard to public safety. (Ord. 113 § 1 (Exh. A 10.2.8), 1983)
17.50.090 Parking – Additional findings.
The City Council may grant a variance to a regulation prescribed by this title with respect to off-street parking facilities as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in PMC 17.50.070 apply and the following circumstances also apply:
A. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; and
B. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets; and
C. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this title. (Ord. 113 § 1 (Exh. A 10.2.9), 1983)
17.50.100 City Council action – Rehearing. Amended Ord. 865
The decision of the City Council is final and effective within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC. (Ord. 492 § 15, 1998; Ord. 113 § 1 (Exh. A 10.2.10), 1983)
17.50.110 Lapse of variance.
A variance shall lapse and shall become void two years following the date on which the variance became effective unless prior to the expiration of two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required. (Ord. 311 § 2, 1990; Ord. 113 § 1 (Exh. A 10.2.11), 1983)
17.50.120 Revocation.
A. If in the opinion of the Director of Development Services, a violation of any applicable provision of this title; or, if granted subject to conditions, upon failure to comply with conditions; or that, as a result of evidence now available and not available at the prior hearing when permit was granted and could not have been obtained with reasonable diligence at that hearing, the findings made, pursuant to PMC 17.50.070, 17.50.080 and/or 17.50.090, can no longer be made; or that the variance was obtained by fraud, the variance shall be set for public hearing for possible revocation.
B. The City Council shall hold a public hearing within 40 days, in accordance with procedure prescribed in PMC 17.50.040.
C. If the City Council is not satisfied that the regulation, general provision or condition is being complied with, they may revoke the variance or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.
D. The decision shall become final on the date set by the City Council unless request for rehearing has been filed within the prescribed period, in which case PMC 17.46.080 shall apply. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 10.2.12), 1983)
17.50.130 New application.
Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance. (Ord. 113 § 1 (Exh. A 10.2.13), 1983)
17.50.140 Variance related to plans submitted.
Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application. (Ord. 113 § 1 (Exh. A 10.2.13), 1983)