§ 17.45.300. Variance.

A.

Variances from the requirements of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations.

B.

Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.

C.

All variances to building coverage, height, lot width, parking, setback and signage requirements shall be granted or denied by the planning director. This decision may be appealed to the planning commission within seven (7) days following the decision date. Anyone directly effected by the decision may appeal. Ten (10) days prior to a decision rendered by the planning director, the property owners within three hundred (300) feet of the subject property shall be notified by mail of the application. At his/her discretion, the planning director may refer the variance application to the planning commission. Any variance reviewed by the planning commission shall require a public hearing.

D.

All variance applications other than variances addressed by the provisions of subsection C of this section shall be granted or denied by the planning commission at a public hearing. Notice of the hearing shall be given pursuant to Section 17.45.700 of this chapter.

E.

A variance shall not be granted to allow land uses on property which conflict with the uses permitted in the zoning district affecting the property.

F.

Applications for variances shall be made to the community development department together with appropriate fees, documents and maps.

(Ord. 354 § 7, 2000; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)