Chapter 11.38
VARIANCES AND CONDITIONAL USE PERMITS
Sections:
11.38.010 Authority of planning commission to grant variance.
11.38.020 Purpose of variance.
11.38.030 Required showings for variance.
11.38.040 Authority of planning commission to grant conditional use permits.
11.38.050 Purpose of conditional use permit.
11.38.060 Notice of hearing on application for variance or conditional use permit.
11.38.070 Findings and decision to be by resolution.
11.38.080 Resolutions to be numbered and kept as permanent record.
11.38.090 Notice of decision.
11.38.100 Effective date of order granting or denying variance or conditional use permit--Time for appeal.
11.38.110 Transmission of record to city council upon appeal.
11.38.120 Public hearing by council on appeal.
11.38.130 Decision of council final.
11.38.140 Council to announce findings and decision by resolution.
11.38.150 City council decision to be final.
11.38.160 Notice of decision by city council.
11.38.010 Authority of planning commission to grant variance.
When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, the planning commission shall have authority, as an administrative act, subject to the provisions of this chapter, to grant upon such conditions as it may determine, such variance from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done.
(Ord. 824 § 1900, 2-8-60)
11.38.020 Purpose of variance.
The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which should have the effect of granting a special privilege not shared by other property in the same vicinity and zone, provided that a variance may be granted permitting the temporary establishment of uses necessary by reason of public emergencies or need or to permit the permanent establishment of a use essential for necessary service to the public if such use is found to be not incompatible to the classes of use permitted in the zone.
(Ord. 824 § 1901, 2-8-60)
11.38.030 Required showings for variance.
Before any variance may be granted, it shall be shown:
(1) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone; and
(2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question; and
(3) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and
(4) That the granting of such variance will not adversely affect the comprehensive general plan.
(Ord. 824 § 1902, 2-8-60)
11.38.040 Authority of planning commission to grant conditional use permits.
The planning commission may grant a conditional use permit upon application for such matters as by this title are required to be reviewed and allowed only upon the granting of a conditional use permit.
(Ord. 824 § 1903, 2-8-60)
11.38.050 Purpose of conditional use permit.
The purpose of a conditional use permit shall be to:
(1) Assure that the degree of compatibility which is the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses and improvements within the general area in which such use is proposed to be located; and
(2) Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazard or public need.
(Ord. 824 § 1904, 2-8-60)
11.38.060 Notice of hearing on application for variance or conditional use permit.
Upon the filing of an application for a variance or conditional use permit by a property owner of record, by a lessee with the consent of the owners or a plaintiff in any proposed or pending action in eminent domain to acquire property affected, which application sets forth fully the grounds for and the facts deemed to justify the granting of the variance or conditional use permit, the planning commission shall give public notice, as provided in Chapter 11.42, of the intention to consider at a public hearing the granting of a variance or conditional use permit.
(Ord. 851 § 39, 8-14-61; Ord. 824 § 1905, 2-8-60)
11.38.070 Findings and decision to be by resolution.
Not more than thirty days following the termination of the proceedings of the public hearings on a variance or conditional use permit, the planning commission shall announce its findings by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the planning commission, make the granting or denial of the variance or conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that the variance, or conditional use permit, be granted or denied, and if such resolution orders that the variance or conditional use permit be granted, it shall also recite such conditions and citations as the commission may impose. Unless specifically provided otherwise by the planning commission, all properties hereinafter which are granted a conditional use permit shall be required to comply with all site development and performance standards prevailing in such zone in which the use is located.
(Ord. 1348 § 1, 9-12-77: Ord. 824 § 1906, 2-8-60)
11.38.080 Resolutions to be numbered and kept as permanent record.
The formal resolution of the planning commission announcing its findings and order after hearing on an application for a variance or conditional use permit shall be numbered consecutively in the order of their filing and shall become a permanent record in the files of the planning commissioner.
(Ord. 824 § 1907, 2-8-60)
11.38.090 Notice of decision.
Not later than fourteen days following the rendering of a decision ordering that a variance or conditional use permit be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the planning commission.
(Ord. 824 § 1908, 2-8-60)
11.38.100 Effective date of order granting or denying variance or conditional use permit--Time for appeal.
The order of the planning commission in granting or denying a variance or conditional use permit shall become final and effective ten days after the date of notification to applicant unless within such ten-day period an appeal in writing is filed with the city clerk by either an applicant or an opponent. The filing of such appeal within such time limit shall stay the effective date of the order of the planning commission until such time as the city council has acted on the appeal as hereafter set forth in this title.
(Ord. 824 § 1909, 2-8-60)
11.38.110 Transmission of record to city council upon appeal.
Upon receipt of a written appeal with the city clerk by the applicant or opponent, as provided in this chapter, the city clerk shall advise the secretary of the planning commission who shall transmit to said city clerk a copy of the planning commission’s record of the case.
(Ord. 1001 § 1, 4-25-66: Ord. 824 § 1911, 2-8-60)
11.38.120 Public hearing by council on appeal.
Within and not to exceed forty-five days following the receipt of the written appeal, the city council shall conduct a public hearing, public notice of which shall be given as provided in Chapter 11.42.
(Ord. 979 § 1, 11-8-65: Ord. 824 § 1911, 2-8-60)
11.38.130 Decision of council final.
The decision of the city council on appeal by an applicant to a decision of the planning commission with regard to a conditional use permit or a variance is final. The matter does not need to be referred back to the planning commission for their review.
(Ord. 1590 § 1, 2-27-84: Ord. 914, 9-23-63; Ord. 824 § 1912, 2-8-60)
11.38.140 Council to announce findings and decision by resolution.
The city council shall announce its findings and decision by formal resolution not more than twenty days following the termination of proceedings of the hearings, or not more than twenty days following the receipt of a report from the planning commission when a matter has been referred back to the planning commission, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the city council, makes the granting or denial of the variance or conditional use permit necessary to carry out the general purpose of this title, and shall order that the variance or conditional use permit be granted or denied or modified subject to such conditions or limitations as it may impose.
(Ord. 824 § 1913, 2-8-60)
11.38.150 City council decision to be final.
Any action by the city council reversing the decision or recommendations of the planning commission shall be by the affirmative votes of at least three members of the city council, and shall be final and conclusive.
(Ord. 1368 § 1, 2-27-78: Ord. 824 § 1914, 2-8-60)
11.38.160 Notice of decision by city council.
Not later than seven days following the adoption of a resolution ordering that a variance or conditional use permit be granted or denied, a copy of the resolution shall be mailed to the applicant and to any other parties requesting notice of the action, and one copy shall be attached to the planning commission’s file of the case and the file shall be returned to the planning commission for permanent filing.
(Ord. 824 § 1915, 2-8-60)