Chapter 18.115
VARIANCES
Sections:
18.115.010 Authorization to grant or deny variances.
18.115.010 Authorization to grant or deny variances.
The planning commission (the commission) may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this title. [Ord. 810, 2000; Code 2000 § 11.30.51.]
18.115.020 Procedures.
(A) Application Requirements. A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the community development department on forms prescribed by the community development director or designee. The application shall include written analysis addressing the approval criteria. The application shall be accompanied by a base fee in accordance with CMC 18.05.080.
(B) Approval Criteria. No variance shall be granted by the commission unless it can be shown that all of the following conditions exist:
(1) Special conditions exist, which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings, or structures in the same district.
(2) Strict interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.
(3) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy.
(4) The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience.
(5) The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship.
(C) Public Hearing. Before acting on a request for a variance, it shall be considered by the commission at the next available public hearing after the filing of a complete application, in compliance with state noticing laws.
(1) Notice of the time, place and purpose of the public hearing shall be given in accordance with the requirements of Chapter 18.15 CMC.
(2) Recess of Hearing by the Commission. The commission may recess a hearing on a request for a variance in order to obtain additional information or to serve further notice upon other property owners or persons who it decides may be interested in the proposed variance. Upon recessing for this purpose, the commission shall announce the time and date when the hearing will be resumed.
(3) Action of the Commission. The commission may attach conditions to an authorized variance which it feels are necessary to protect the public interest and carry out the purpose of this title. The city recorder shall notify the applicant in writing of the commission’s action.
(D) Time Limit on Approval. Authorization of a variance shall be void after one year or after such time less than two years as may be specified as a condition of approval unless, when appropriate, a building permit has been issued and substantial construction has taken place.
(E) Appeal of a Decision. The applicant shall have the right to appeal or contest any decision of the planning commission in the manner set forth in CMC 18.15.090. [Ord. 810, 2000; Code 2000 § 11.30.52; Ord. 841 Exh. 2, 2003; Ord. 2016-011 § 1 (Exh. A), 2016.]