Chapter 17.62
VARIANCES
Sections:
17.62.020 Application and fee.
17.62.060 Expiration and extension.
17.62.010 Intent.
Where practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of this title may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirement may be granted as provided in this chapter. (Prior code § 3123.01)
17.62.020 Application and fee.
Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee as established by resolution of the city council no part of which shall be returnable to the applicant, and by statement, plans and other evidence showing:
1. That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings, and/or uses in the district;
2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;
3. That the granting of such application will not, under the circumstances of the particular case, materially affect the health or safety of persons, residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 466 Exh. A (part), 1981; Ord. 323 § 29, 1975; prior code § 3123.02)
17.62.030 Public hearing.
A public hearing may be held within sixty days after filing of application, notice of which shall be given as provided in the State “Planning Law.” (Prior code § 3123.03)
17.62.040 Commission action.
Following the public hearing, the planning commission, or within the historic district, the historic district commission, may grant a variance, exclusive of a use variance, when it finds that there exist special circumstances applicable to the property, including size, shape, topography, location or surroundings whereby the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The commission may apply such conditions as it deems necessary to assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. (Ord. 890 § 3(4), 1998: Ord. 476 Exh. A (part), 1982: prior code § 3123.04)
17.62.050 Revocation.
A. In any case where the conditions of granting of such variance have not, or are not, complied with, the city council shall give notice to the permittee of intention to revoke such variance at least ten days prior to hearing thereon. After conclusion of the hearing the council may revoke such variances.
B. In any case where intent to use an approved variance is not evident within sixty days after the date of granting thereof, then, without further action by the council, the variance granted shall be null and void. (Ord. 476 Exh. A (part), 1982: prior code § 3123.06)
17.62.060 Expiration and extension.
The provision for expiration and extension of use permits, Section 17.60.060, shall apply. (Ord. 476 Exh. A (part), 1982)
17.62.070 Appeal procedure.
The provisions of Section 17.60.070 shall apply. (Ord. 476 Exh. A (part), 1982)
17.62.080 Other provisions.
The provisions of Section 17.60.080 shall apply. (Ord. 476 Exh. A (part), 1982)