Chapter 120 – VARIANCES
Sections:
120.05 User Guide
120.10 Process for Deciding upon a Proposed Variance
120.12 Expansion or Modification of an Existing Structure
120.15 Application Information
120.20 Criteria for Granting a Variance
120.25 What May Not Be Varied
120.05 User Guide
This chapter establishes a mechanism whereby the provisions of this code can be varied on a case-by-case basis if the application of these provisions would result in an unreasonable and unusual hardship. While almost any provision may be varied, there are some limitations.
If you are interested in applying to see if a provision of this code can be varied in a particular case, or if you wish to participate in the City’s decision on a proposed variance, you should read this chapter.
120.10 Process for Deciding upon a Proposed Variance
The City will use Process IIA, described in Chapter 150 KZC, to review and decide upon an application for a variance except as to property located within an RS, RSA or RSX zone or for a detached dwelling unit in any zone. For variance applications as to property located within an RS, RSA or RSX zone or for a detached dwelling unit in any zone, the City will use Process I described in Chapter 145 KZC; provided, however, that while the content of the notice shall be per KZC 145.22(1), the distribution of the notice shall be per KZC 150.22(2).
(Ord. 4437 § 1, 2014; Ord. 4286 § 1, 2011; Ord. 4196 § 1, 2009; Ord. 3814 § 1, 2001)
120.12 Expansion or Modification of an Existing Structure
If the expansion or modification of an existing structure requires a variance under this chapter, the Planning and Building Director may approve such expansion or modification without requiring the variance process if all of the following criteria are met:
1. The request complies with the criteria in KZC 120.20; and
2. The expansion is not located in a critical area or critical area buffer pursuant to Chapter 90 KZC; and
3. The gross floor area of the structure is expanded by less than five (5) percent; and
4. The Planning and Building Director determines that the change or alteration will not have significantly more or different impact on the surrounding area than does the present development.
An approval granted pursuant to this subsection shall be valid for a period of four (4) years following the date of approval, during which time a complete building permit application for the expansion or modification shall be submitted to the City. Within six (6) years following the date of approval granted pursuant to this subsection, the applicant shall substantially complete construction of the expansion or modification and any permit conditions applicable thereto, or the approval becomes null and void.
(Ord. 4551 § 4, 2017; Ord. 4286 § 1, 2011; Ord. 4072 § 1, 2007)
120.15 Application Information
The applicant shall submit a completed application on the form provided by the Planning and Building Department, along with all the information listed on that form.
(Ord. 4491 § 3, 2015; Ord. 4437 § 1, 2014)
120.20 Criteria for Granting a Variance
The City may grant a variance only if it finds that:
1. The variance will not be materially detrimental to the property or improvements in the area of the subject property or to the City in part or as a whole; and
2. The variance is necessary because of special circumstances regarding the size, shape, topography, or location of the subject property, or the location of a preexisting improvement on the subject property that conformed to the Zoning Code in effect when the improvement was constructed; and
3. The variance will not constitute a grant of special privilege to the subject property which is inconsistent with the general rights that this code allows to other property in the same area and zone as the subject property.
120.25 What May Not Be Varied
The City may grant a variance to any of the provisions of this code except:
1. The City may not grant a variance to any provision establishing the uses that are permitted to locate or that may continue to operate in any zone; and
2. The City may not grant a variance to any of the procedural provisions of this code; and
3. The City may not grant a variance to any provision in this code that specifically states that its requirements are not subject to variance, including all provisions in Chapter 90 KZC.
(Ord. 4551 § 4, 2017)