Chapter 19.60 — VARIANCES AND MODIFICATIONS

This chapter provides for adjustments from the development standards of this Zoning Ordinance only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

A variance or modification is not required for alterations, modifications or other changes to a non-conforming structure or non-conforming use where the alterations, modifications or changes make the structure or use more compliant with the development standards of this Zoning Ordinance. (Ord. 01-594 § 2, 2001; Ord. 14-940 § 36, 2014)

• A. Variances. The Commission may grant a variance to any development standard of this Zoning Ordinance; except that a variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 19-2 (Zoning Districts and Allowable Land Uses).

• B. Modifications. The Director may grant a modification as follows.

  1. A modification may allow an adjustment of no more than 10 percent to the standards of this Zoning Ordinance.

2. Any request to deviate from the development standards of this Zoning Ordinance that exceeds the 10 percent limitation, shall require a variance application in compliance with this chapter.

(Ord. 01-594 § 2, 2001)

• A. Filing. An application for a variance or modification shall be completed, filed, and processed in compliance with Chapter 19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required for variances in compliance with Section 19.60.040 (Findings and Decision), below.

• B. Notice and Hearing. An application for a variance shall be scheduled for a public hearing once the department has determined that the application is complete. Noticing of the public hearing shall be given in compliance with Chapter 19.74 (Public Hearings and Notice). Modification applications do not require public notice or a hearing.

• (Ord. 01-594 § 2, 2001)

• A. Director Action on a Modification. Where a hardship exists, the Director may approve a modification application, with or without conditions, or modify or deny the request provided that the Director determines that the request will have insignificant impact on adjacent properties.

• B. Commission Action on a Variance. The Commission may approve a variance application, with or without conditions, only after first making all of the findings identified in subsection (C) , (Variance Findings), below.

• C. Variance Findings.

  1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, including size, shape, topography, location, or surroundings, which do not generally apply to the surrounding properties in the same zone; and which deny the owner privileges enjoyed by other property owners in the vicinity and within the same zoning district; and

  2. Because of the circumstances or conditions, the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question; and

  3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property; and

  4. The granting of the variance will not adversely affect the General Plan nor the purpose and intent of the provisions of this Zoning Ordinance.

• (Ord. 01-594 § 2, 2001)

In approving a variance, the Commission may impose reasonable and necessary specific design and locational conditions relating to both on- and off-site improvements, which are intended to ensure that:

• A. The project will comply with all the findings listed in Section 19.60.040 ; and

• B. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic-control devices, etc.) are provided as reasonable and necessary to carry out the purpose and requirements of the applicable zoning district.

• (Ord. 01-594 § 2, 2001)

Decisions on a variance or modification may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after approval of the variance or modification.

(Ord. 01-594 § 2, 2001)