Chapter 17.52


17.52.010    Generally.

17.52.020    Variances.

17.52.030    Criteria for consideration of a variance.

17.52.040    Conditional uses.

17.52.050    Criteria for consideration of a conditional use.

17.52.060    Application and procedures.

17.52.070    Appeals.

17.52.080    Revocation and expiration.

17.52.090    Hearing—Conditional use permits, variances, advertised.

17.52.010 Generally.

From time to time persons may encounter difficulties or unfairnesses which result from the strict interpretation of this title. So that this title will not impede proper development or cause inequity, two mechanisms are provided to grant relief in extenuating circumstances. Variances are addressed to regulations which pertain to dimensions. Conditional uses are addressed to uses specifically. The guiding philosophy in the granting or withholding of variances and conditional uses shall be:

A.    Preservation of the integrity of the comprehensive plan;

B.    Preservation of the integrity of the basic goals and concepts of the zoning ordinance and other development control ordinances;

C.    Preservation of the public health, safety and welfare.

(Ord. 837 § 1 (part), 2008: Ord. 136 § 8.01, 1974)

17.52.020 Variances.

The hearing examiner shall have the authority to grant a variance from the provisions of this title, subject to the following provisions. Any variance granted shall be subject to such conditions as will assure that the variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and zone in which the subject property is located. (Ord. 837 § 1 (part), 2008: Ord. 714 § 16, 2001; Ord. 136 § 8.02, 1974)

17.52.030 Criteria for consideration of a variance.

Before any variance may be granted the hearing examiner shall determine:

A.    That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification.

B.    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 subject property is situated.

(Ord. 837 § 1 (part), 2008: Ord. 714 § 17, 2001; Ord. 136 § 8.03, 1974)

17.52.040 Conditional uses.

The hearing examiner shall be the authority which grants or denies applications for conditional use permits. The granting of such permits shall not allow a deterioration of the intent of the district in which the application is intended nor shall there be a grant of any special privilege not available to other properties of the same district. (Ord. 837 § 1 (part), 2008: Ord. 714 § 18, 2001; Ord. 136 § 8.04, 1974)

17.52.050 Criteria for consideration of a conditional use.

Before any conditional use permit is granted, the hearing examiner must determine the following:

A.    The use applied for is either listed in the “conditional uses” allowed in the district or that it is significantly similar to one or more of the listed uses;

B.    Approval of the permit will be substantially consistent with the purpose of the district and applicable provisions of the comprehensive plan, and will not adversely affect other uses and properties in the immediate vicinity;

C.    Granting the permit does not reduce the dimensional requirements of the district;

D.    No nuisance to life, limb or property will develop.

(Ord. 837 § 1 (part), 2008: Ord. 714 § 19, 2001; Ord. 136 § 8.05, 1974)

17.52.060 Application and procedures.

The same procedure is used for application for both variance and conditional use permits.

A.    Step 1. The applicant applies to the city planner or in his or her absence the public works director or designee on forms provided by the city. With the information required on the form the applicant also shall submit the application fee and six copies of the material required by the application form.

B.    Step 2. The city planner or in his or her absence the public works director or designee shall examine the material submitted, and if all is in order, he shall schedule a public hearing before the hearing examiner.

C.    Step 3. At the hearing, the hearing examiner shall examine the application, materials and the reports of all agencies wishing to express an opinion. The hearing examiner shall then hear the testimony of any and all members of the public wishing to express an opinion. A decision shall then be made, or if more information is deemed necessary, the hearing may be continued to a special meeting or the next regular meeting of the hearing examiner; however, in no case shall there fail to be a decision by the end of the next regular meeting of the hearing examiner which follows the meeting at which the hearing was begun. The applicant may allow further continuation by so stating in a letter to the hearing examiner.

(Ord. 858 § 1 (part), 2009; Ord. 837 § 1 (part), 2008: Ord. 714 §§ 20, 21, 2001; Ord. 611, 1997; Ord. 136 § 8.06, 1974)

17.52.070 Appeals.

The decision of the hearing examiner shall be final unless an appeal is filed pursuant to Section 17.61.160. The filing of such an appeal shall stay the decision until such time as the administrative appeal is adjudicated or withdrawn. No construction on the subject application is allowed during consideration of administrative appeal. (Ord. 837 § 1 (part), 2008: Ord. 808 § 6, 2006: Ord. 714 § 22, 2001; Ord. 136 § 8.07, 1974)

17.52.080 Revocation and expiration.

A.    The hearing examiner may revoke or modify any variance or conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds:

1.    That the approval was obtained by fraud;

2.    That the permit or variance is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation; or

3.    That the use for which the approval was granted is being exercised so as to be detrimental to the public health, safety or welfare.

B.    The hearing examiner may initiate proceedings to revoke a conditional use permit or variance. Individuals who are aggrieved may petition the hearing examiner which shall hold a public hearing and procedures concerning notice, report and appeals shall be the same as required by this title for the initial consideration thereof.

C.    Any permit or variance becomes null and void if not exercised within the time specified in such permit or variance, or, if no date is specified, within one year from the effective date of approval. Permits or variances shall become null and void if the approved use has been abandoned or discontinued for one year or more.

(Ord. 837 § 1 (part), 2008: Ord. 741 § 5, 2002; Ord. 136 § 8.08, 1974)

17.52.090 Hearing—Conditional use permits, variances, advertised.

Conditional use permits and variance applications shall be advertised by mailing a written notice to all property owners of record within three hundred feet from the exterior boundaries of the subject property not less than twelve days prior to the hearing. Notice shall identify the property (not necessarily a legal description), the nature of the requested or proposed variance or use, and the time and place of the hearing. Failure to receive a duly mailed notice shall not affect the legality of any testimony or action taken at the meeting. (Ord. 837 § 1 (part), 2008: Ord. 741 § 4, 2002; Ord. 136 § 9.03(c), 1974)