Chapter 19.45
VARIANCES1
Sections:
19.45.010 Procedure generally.
19.45.015 Administrative variance.
19.45.020 Application information.
19.45.010 Procedure generally.
The city will use process IV, Chapter 19.70 FWRC, to review and decide upon an application for a variance, with the exception of an administrative variance pursuant to FWRC 19.45.015, in which case the city will use process III, Chapter 19.65 FWRC.
(Ord. No. 16-812, § 3, 1-19-16; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(120.10), 2-27-90. Code 2001 § 22-196.)
19.45.015 Administrative variance.
(1) Scope. The community development director may grant a variance that does not exceed 25 percent of the measurable standard.
(Ord. No. 20-898, § 11, 10-20-20; Ord. No. 16-812, § 4, 1-19-16.)
19.45.020 Application information.
In addition to the application materials required in Chapter 19.65 FWRC or Chapter 19.70 FWRC, the applicant shall submit a completed application on the form provided by the community development department, along with all of the information listed on that form.
(Ord. No. 16-812, § 5, 1-19-16; Ord. No. 90-43, § 2(120.15), 2-27-90. Code 2001 § 22-197.)
19.45.030 Criteria for grant.
The city may grant the variance only if it finds all of the following:
(1) That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located.
(2) That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located.
(3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located.
(4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property.
(Ord. No. 90-43, § 2(120.20), 2-27-90. Code 2001 § 22-198.)
19.45.040 Denial.
The city may grant a variance to any of the provisions of this title except:
(1) The city may not grant a variance to any provision establishing the uses that are permitted to locate or that may continue to operate in any zone;
(2) The city may not grant a variance to any of the provisions of this chapter;
(3) The city may not grant a variance to any of the procedural provisions of this title; and
(4) The city may not grant a variance to any provision that specifically states that its requirements are not subject to variance.
(Ord. No. 90-43, § 2(120.25), 2-27-90. Code 2001 § 22-199.)
Cross references: Requirements for drainage review, Chapter 16.25 FWRC; enforcement and voiding of variances, permits, decisions or approvals to be made as if those provisions were part of this chapter and pursuant to this section, FWRC 19.05.300.