Chapter 17.88
VARIANCES
Sections:
17.88.010 Description and purpose.
17.88.030 Decision-making procedure.
17.88.050 Decision-making authority.
17.88.080 Revocation of variance.
17.88.090 Limitation of new application.
17.88.100 Variance approval to run with the land.
17.88.110 Expiration of variance approval.
17.88.010 Description and purpose.
Where practical difficulties and results inconsistent with the general purposes of this title may result from the strict application of certain provisions thereof, variances may be granted as provided by this chapter. This chapter shall not be construed to allow a use that is not permitted by this title for the district in which the land is located. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone, under the same conditions.
The city may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue practical difficulty in use of the land, except that no variance shall be granted to allow the use of property for purposes not authorized within the district in which the proposed use would be located. In granting a variance the city may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to ensure the development thus permitted being completed in accordance with such plans as the city may approve. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.010), 1980].
17.88.020 Application.
A. General. No building permit shall be issued in any zoning district for a project subject to a variance approval until an approval has taken effect in accordance with this chapter.
B. Application. An application shall be filed with the city by the property owner or authorized agent on forms specified by the city. Such application shall be accompanied by required findings of fact, a site plan as per Chapter 17.60 EPMC, a filing fee as prescribed by the city council and a list of all property owners whose land lies within 300 feet of the applicant’s property.
C. Burden of Proof. The proponent of the variance has the burden of proving justification for the approval. The greater the impact of the land use in the neighborhood, the greater the burden on the proponent to find ways to minimize the land use impact. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.020), 1980].
17.88.030 Decision-making procedure.
A public hearing shall be held for variance applications requiring a decision by the planning commission and the application shall be processed as a Type A land use decision, pursuant to Chapter 17.96 EPMC.
No public hearing shall be held for variance applications requiring a decision by the community development director and the application shall be processed as a Type B land use decision, pursuant to Chapter 17.96 EPMC. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-93 § 1 (Exh. A), 1990; Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.030), 1980].
17.88.040 Findings of fact.
The applicant shall submit detailed information describing the proposal, in addition to findings of fact, in support of the variance. The city may use the applicant’s findings as part of the final decision as submitted or amended. To grant an approval, the city must conclude that all required findings have been met.
A. Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties or classes of use in the same zone or vicinity, which conditions are a result of lot size or shape, topography or other circumstances over which the applicant has no control.
B. The granting of the variance shall not be materially detrimental to the purposes of this title, be materially injurious to property in the zone or vicinity in which the property is located or be otherwise materially detrimental to the objectives of any city development plan or policy.
C. The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the practical difficulty.
D. The condition(s) for which the variance is requested is not the result of any action or personal circumstances of the applicant. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-55 § 1 (Exh. A § 21), 1981; Ord. 9-52 § 1 (7.040), 1980].
17.88.050 Decision-making authority.
A. General. For variance applications requiring a decision by the planning commission, the commission shall make its written findings as provided in EPMC 17.88.040 within 40 days of the closure of the public hearing, unless the time is extended by agreement with the applicant, and make one of the following decisions:
1. Approve the variance.
2. Deny the variance.
3. Approve the variance with conditions.
4. Authorize a variance solution different from that proposed by the applicant.
The above procedure also applies to decisions made by the community development director except that the public hearing and 40-day timeline provisions do not apply.
B. Regulations for Which Variance May Be Granted. The planning commission (or community development director where specified below) may, when information and findings support the matter, authorize a variance on design standards relative to:
1. Site area and dimensions (decision by community development director).
2. Yard regulations.
3. Setback requirements (decision by community development director).
4. Distance between structures.
5. Off-street parking facilities.
6. Off-street loading facilities.
7. Fencing and walls (decision by community development director).
8. Landscaping.
9. Signs.
10. Lighting.
11. Grading and slopes.
12. Location of streets.
13. Location of sidewalks.
14. Location of utilities.
C. Conditions Which May Be Attached to Variance. The city shall designate such conditions in connection with the variance as it deems necessary to secure the purpose of this chapter and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include:
1. Regulations of building or land uses.
2. Special yards, spaces.
3. Construction of fences and walls.
4. Surfacing of parking areas subject to city specifications.
5. Regulations of points of vehicular ingress and egress.
6. Requiring street dedications and improvements.
7. Regulations of signs.
8. Requiring landscaping and maintenance thereof.
9. Requiring maintenance of the grounds.
10. Regulations of noise, vibration, odor, etc.
11. Regulation of time for certain activities.
12. Time period within which the proposed use shall be developed.
13. Duration of land or building use.
14. Engineering, surveyors, architects or other professional certifications and reports required.
15. Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this chapter.
D. Abandonment or Withdrawal of Variance Applications. The planning commission, by motion, may abandon any proceedings for a variance; provided, that the abandonment motion occurs during proceedings of the planning commission; and provided, that any public meeting scheduled to discuss the matter has been held. The applicants for a variance may request the matter be withdrawn from further consideration at the planning commission meeting where the matter is scheduled for action. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.050), 1980].
17.88.060 Appeal.
The decision of the planning commission may be appealed to the city council within 10 days of the planning commission decision in the manner prescribed by Chapter 17.100 EPMC. For variance decisions made by the community development director, the decision may be appealed to the planning commission within 10 days of the decision in the manner prescribed by Chapter 17.100 EPMC. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.060), 1980].
17.88.070 Effective date.
No variance granted by the city shall become effective until after an elapsed period of 10 days from the date of the action. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.070), 1980].
17.88.080 Revocation of variance.
The planning commission on its own motion, at a public hearing, may revoke any variance it approved for:
A. Noncompliance with the conditions set forth in granting said approval.
B. Approval being obtained by fraud or misrepresentation.
C. The variance being exercised in a manner, as determined by the city, as to be detrimental to the public health, safety or so as to constitute a public nuisance. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.080), 1980].
17.88.090 Limitation of new application.
In case an application is denied by the city, it shall not be eligible for resubmittal for one year from date of said denial, unless, in the opinion of the city, new evidence is submitted or conditions have changed to an extent that further consideration is warranted. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.090), 1980].
17.88.100 Variance approval to run with the land.
A variance approval applies to land uses and building uses regardless of the ownership of land or buildings. [Ord. 2023-05 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.100), 1980].
17.88.110 Expiration of variance approval.
A variance must be used within two years of the date of approval. If not used, it shall become null and void unless it has been reactivated and extended as provided below:
A. Reactivation and extension of a variance approval which has been expired for no more than four years and is proposed to be developed without deviation from its original approval may receive a one-time, two-year approval at the community development director’s discretion without a public hearing. For this Type B decision, public notice and opportunity to appeal shall be provided as specified in EPMC 17.96.070.
B. Reactivation and extension of an expired variance approval which is proposed to be developed with deviation from its original approval shall be decided by the planning commission with a public hearing, except when the variance approval was by the community development director in which case no public hearing shall be held. [Ord. 2023-05 § 1 (Exh. A); Ord. 2015-09 § 1 (Exh. A); Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (7.110), 1980].