Chapter 18.105


18.105.010    Authorization to grant or deny variances.

18.105.020    Application for a variance.

18.105.030    Procedure for taking action on a variance application.

18.105.040    Application review.

18.105.050    Planning commission review.

18.105.060    Public hearing.

18.105.070    Written record.

18.105.080    Right of appeal.

18.105.090    Time limit on a variance.

18.105.010 Authorization to grant or deny variances.

The city planning commission may authorize variances from the requirements of this title where it can be shown that owing to special and unusual circumstances relating to a specific piece of property, strict application of this title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of the property for a purpose not authorized within the zone in which the proposed use would be located. In granting variances, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purpose of this title.

(1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and which result from lot size or shape, topography, or other circumstances over which the owner of the property, since the enactment of the ordinance codified in this title, has no control.

(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the zone or vicinity possess.

(3) The variance would not be materially detrimental to the purposes of this title, or to property in the same zone or vicinity in which the property is located, and the variance is in compliance with and is not a deviation from the comprehensive plan of the city.

(4) The variance requested is the minimum variance which would alleviate the hardship. [Ord. 514 § 6.10, 2001].

18.105.020 Application for a variance.

A request for a variance may be initiated by a property owner or authorized agent of the owner by filing an application with the city recorder in accordance with Chapter 18.110 PRMC. [Ord. 514 § 6.30, 2001].

18.105.030 Procedure for taking action on a variance application.

The procedure for taking action on the application for a variance shall be as follows in PRMC 18.105.040 through 18.105.080. [Ord. 514 § 6.40, 2001].

18.105.040 Application review.

Upon receipt of the application, the city recorder shall provide copies of the application material to the planning commission members. [Ord. 514 § 6.41, 2001].

18.105.050 Planning commission review.

The planning commission shall review the application at its next regular meeting and approve, modify, or deny the application. The planning commission shall adopt findings of fact and conclusions of law to support their decision. [Ord. 514 § 6.42, 2001].

18.105.060 Public hearing.

Before the planning commission may act on an application for a minor or major variance, a public hearing shall be held as provided in PRMC 18.110.020(1) for minor variances and PRMC 18.110.020(2) for major variances. The procedures in PRMC 18.110.030 shall be used for the conduct of all variance hearings. [Ord. 514 § 6.43, 2001].

18.105.070 Written record.

Following the close of the hearing, the city recorder shall provide the applicant with a written notice of the action taken as provided in Chapter 18.110 PRMC. [Ord. 514 § 6.44, 2001].

18.105.080 Right of appeal.

A decision by the planning commission on a minor or major variance may be appealed pursuant to the requirements of Chapter 18.110 PRMC. [Ord. 514 § 6.45, 2001].

18.105.090 Time limit on a variance.

A variance shall be void after one year or such lesser time as the permit may specify unless 20 percent of the estimated project cost has occurred or the land has been separated and has been segregated in the county assessor’s office. However, the planning commission may extend authorization for an additional period, not to exceed one year, on the request of the applicant. The total time allowed shall not exceed two years from the original approved date. [Ord. 514 § 6.50, 2001].