Chapter 10.70


10.70.010    Definition.

10.70.020    Required findings.

10.70.030    Time limits.

10.70.040    Applicability.

10.70.010 Definition.

A variance is an official permit, obtained from the hearing examiner, to allow for an adjustment of specific dimensional standards within this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity. As used in this title, a variance is authorized only for height, setbacks, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.70.020 Required findings.

A variance to any requirement of this title, except use and procedural requirements, may only be granted when all of the following required findings are made:

(1) Special Circumstances. Because of special circumstances related to the property, the strict enforcement of the zoning code would deprive the owner of use rights and privileges permitted to the other properties in the vicinity with the same zoning.

(a) Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity of public structures and uses, and protection of environmental features such as vegetation, streams, ponds and wildlife habitat.

(b) Special circumstances may not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning code, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property.

(2) Special Privilege. The approval of the variance will not grant special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning.

(3) Zoning Code. Approval of the variance will be consistent with the purposes of the zoning code and the zone district in which the property is located.

(4) Not Detrimental. The variance as approved or conditionally approved will not be significantly detrimental to the public health, safety or welfare or injurious to the property or improvements in the vicinity.

(5) Minimum Variance. The approved variance is the minimum necessary to allow the owner the rights enjoyed by other property owners in the vicinity with the same zoning. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.70.030 Time limits.

The variance must be acted upon within one year from the date of approval or the variance shall expire. The holder of the variance may request an extension of time before the expiration of the variance and the administrator may grant one extension of time up to six months past the original date of expiration. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.70.040 Applicability.

The variance applies only to the property or an individual for a specific property to which it was granted and may not be transferred to any individual or other property. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))