Chapter 20.90
VARIANCES
Sections:
20.90.030 Notice of public hearing.
20.90.040 Front and rear yard setback variance.
20.90.010 When granted.
A. If because of special circumstances applicable to subject property due to size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of rights and/or privileges enjoyed by other properties in the vicinity and under identical zone classification, the board may grant a variance in harmony with the general purpose and intent of this title. Such variance may vary the literal enforcement of any standard, requirement or regulation of this title relating to the density, off-street parking or loading, but not the use provisions of the district wherein the property is located. To this end, a variance in the provisions and requirements of this title shall only be authorized if the hearing examiner finds that all the following facts and conditions exist in each case of a request for a special exception by an application for a variance:
1. That there are exceptional or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same vicinity or zoning district, and that the plight of the applicant is unique and not the result of his own action;
2. That the land or structure in question cannot be reasonably used and cannot yield a reasonable return if used only in accordance with the density requirements of this title for the district in which it is located, and that such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other property in the same vicinity or district;
3. That the authorization of such variance will not be materially detrimental to the public welfare, not injurious to nearby property, nor essentially different from the provisions of the district in which it is located;
4. That the granting of such variance will not adversely affect the comprehensive plan or studies thereof.
B. In authorizing a variance, the board may attach such conditions regarding the location, character or other features of the proposed structures or uses as it may deem necessary to carry out the intent of this title; provided, however, that a variance so authorized shall become void after six months if no substantial construction has taken place in accordance with the plans for which such variance was authorized.
C. No variance shall be granted by the board which allows the use of property for purposes not authorized by this title for the zoning district in which the property is located. (Ord. 2209 § 2 (part), 2008: Ord. 2147 § 27, 2005: Ord. 2024 § 1 (part), 1999).
20.90.020 Application form.
A written application for a variance shall be submitted to the building department on forms as prescribed by the building department, and shall include such information as requested thereon. Fees shall be established by resolution of the city council. No application shall be accepted unless it complies with such requirements. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.90.030 Notice of public hearing.
The hearing examiner shall conduct a public hearing consistent with Chapter 20.02 CMC. (Ord. 2209 § 2 (part), 2008: Ord. 2147 § 28, 2005: Ord. 2024 § 1 (part), 1999).
20.90.040 Front and rear yard setback variance.
The enforcing officer may grant a modification of up to ten percent from the front and rear setback requirements in residential zones, provided the findings can be made as listed in CMC 20.90.010. This does not preclude other variances from being considered as provided in CMC 20.90.010. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).