Chapter 18.20
VARIANCES
Sections:
18.20.010 Power to grant variances.
18.20.040 Minor variance criteria.
18.20.050 Effective date of the minor variance.
18.20.060 Major variance standards.
18.20.080 Effective date of the variance.
18.20.090 Exercise of variance.
18.20.100 Cessation of a variance.
18.20.110 Transfer of a variance.
18.20.010 Power to grant variances.
The City 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, literal interpretation of this title would cause undue or unnecessary hardship. It is the intent of this chapter to provide flexibility, adaptability, and reasonableness in the application of this title where special conditions exist. No variance purporting to authorize a use not otherwise permitted for the property shall be granted. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.405.)
18.20.020 Procedures.
A variance is a land use action. A minor variance is a Type II procedure and a major variance is a Type III procedure as set forth in Chapter 18.10 MCC, Land Use Actions. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.410.)
18.20.030 Variance types.
There are two types of variance applications, minor and major. For the purposes of this section, minor variances and major variances shall be defined as follows:
(1) A “minor variance” is defined as a variance to a numerical development or design standard of up to 20 percent.
(2) A “major variance” is defined as any variance that does not fall under the threshold for a minor variance. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)
18.20.040 Minor variance criteria.
(1) The City Planner may allow a minor variance if the Planner finds that the variance meets all of the following standards:
(a) The property is currently developed such that development of a permitted use is impractical; or the variance is needed to allow the applicant to enjoy a substantial property right possessed by a majority of property owners in the same vicinity;
(b) The request is the minimum variance that would alleviate the hardship;
(c) The variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or be otherwise detrimental to the objectives of any City development, plan or policy;
(d) No practical alternatives have been identified which would accomplish the same purpose and not require a variance; and
(e) There has not been a previous land use action approved on the basis that a minor variance would not be allowed.
(2) If the City Planner determines that a minor variance application raises public concerns that are best addressed by the whole Planning Commission, the City Planner may refer a minor variance application to the Planning Commission for their review as a Type III action.
(3) When a minor variance application is submitted concurrently with an application requiring a Type III review, such as a major partition, subdivision or planned unit development, the City Planner may refer the minor variance application to the Planning Commission for their review in conjunction with the concurrent application.
(4) Variances to the required right-of-way width for local streets shall only be approved upon recommendation by the Public Works Director. (Amended by Ord. 1260, January 3, 2008; Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.413.)
18.20.050 Effective date of the minor variance.
A minor variance granted under the provisions of this title shall become effective 12 days after the mailing of notice of the decision unless such action is appealed to the Planning Commission. An appeal of the City Planner’s decision shall stay such action until the appeal has been heard by the Planning Commission. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.414.)
18.20.060 Major variance standards.
The Planning Commission may permit and authorize a variance from any dimensional development standard in the Zoning Ordinance, if the Commission finds that the variance meets all of the following standards:
(1) The condition which would cause the undue or unnecessary hardship is a condition peculiar to the applicant’s property which is not found generally in other property in the zone.
(2) The variance will be consistent with the Comprehensive Plan and with the purpose of the zone in which the applicant’s property is located.
(3) The variance will 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 variance requested is the minimum variance necessary from the provisions and standards of this title which will alleviate the hardship. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.415.)
18.20.070 Limiting variances.
In granting any variance under the provisions of this chapter, the City may impose conditions. Such conditions shall include, but not be limited to, limitations of the duration of the variance, restrictions on the dimensions of the structures, and conditions regarding the location of structures. Such conditions shall apply to the applicant for such variance and to any purchasers, renters, lessees, or subsequent owners of the subject property. A violation of such conditions shall constitute a violation of this title. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.425.)
18.20.080 Effective date of the variance.
A major variance granted by the Planning Commission under the provisions of this title shall become effective 12 days after the mailing of notice of the Planning Commission’s action unless such action is appealed to the City Council. An appeal of the Planning Commission’s decision shall stay such action until the appeal has been heard by the City Council. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.430.)
18.20.090 Exercise of variance.
A variance granted under the provisions of this title shall be effective only if exercised within 180 days of the effective date. Failure to exercise the variance within 180 days of the effective date renders the variance void. For minor variances, extensions of this time period may be granted by the City Planner. For major variances, extensions of this time period may be granted by a majority vote of the Planning Commission. Such extensions shall not exceed 180 days. Requests for such extensions shall be submitted in writing to the City at least 30 days prior to the expiration of the effective period for the variance. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.435.)
18.20.100 Cessation of a variance.
The discontinuance of any activity authorized by a variance for a continuous period exceeding 180 days shall be deemed an abandonment of such variance. The property affected by the variance shall thereafter be subject to all of the applicable provisions and requirements of this title. (Code 1983 § 90.440.)
18.20.110 Transfer of a variance.
Any variance granted to a property owner under the provisions of this title is transferable to subsequent owners of the same property unless otherwise provided at the time of the granting of the variance. (Code 1983 § 90.445.)