Chapter 4-15 — VARIANCE PERMITS

Sections:

4-15-010 Purpose.

4-15-020 Procedure.

4-15-030 Required data.

4-15-040 Determination.

4-15-050 Conditions.

4-15-060 Action – Planning commission.

4-15-070 Effect of action.

4-15-080 Appeal.

The purpose of this chapter is to provide a means by which variance from the terms of this code may be granted. (Ord. 442 § 27.10)

A variance may be granted where special circumstances exist by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of the ordinance codified in this chapter, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property, or of property immediately adjoining the piece of property in question, so that the literal enforcement of the requirements of this code would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit, intent, and purpose of this code. In no case shall a variance be granted to authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel. (Ord. 442 § 27.20)

The application for a variance permit shall be accompanied by any maps, drawings, and data required to demonstrate that the requirements set forth in LPZC 4-15-040 apply to subject property. (Ord. 442 § 27.21)

No variance shall be granted in whole or in part unless the planning commission makes specific reference to facts, in its own findings, which are sufficient to establish:

A. Special circumstances applicable to the specific property including size, shape, topography, location or surroundings which cause the strict application of this code to deprive such property of privileges enjoyed by other properties in the vicinity which are under identical zoning classification; and

B. Adjacent property will not incur a substantial detriment if the variance is granted. (Ord. 1694 § 1, 2003; Ord. 442 § 27.30)

Any variance granted shall be subject to conditions which will assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone. (Ord. 442 § 27.40)

An application for a variance permit shall be set for public hearing and acted upon by the planning commission within 50 days of filing a complete application. When a project requires approval of both a variance and a conditional use permit, the planning commission shall act on both the variance and the conditional use permit. In cases where a variance is considered concurrently with another entitlement subject to city council approval, the variance shall be reviewed and approved by the city council. (Ord. 1694 § 2, 2003; Ord. 1640 § 3, 2001; Ord. 1024, 1980; Ord. 442 § 27.50)

A. Effective Date. Fifteen days after date of approval.

B. Time of Permit. The planning commission may impose a time limit on the grant of a variance, but unless specified otherwise at the time the variance is granted, the variance applies to subject property for an indefinite time and is transferable to any future owner of the subject property.

C. Notification of Applicant. The applicant shall be notified in writing of action taken by the planning commission and any approved permit shall be issued to the applicant. (Ord. 1694 § 3, 2003; Ord. 972, 1978; Ord. 442 §§ 27.60 – 27.63)

Actions of the planning commission are subject to appeal procedures set forth in Chapter 5-15 LPZC. (Ord. 1694 § 4, 2003; Ord. 442 § 27.70)

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