Chapter 17.500


17.500.010    Conditions for granting a variance.

17.500.020    Application.

17.500.030    Investigation and report.

17.500.040    Public hearing and notice.

17.500.050    Action by hearing examiner.

17.500.060    Appeal.

17.500.070    Effect.

17.500.080    Expiration.

17.500.010 Conditions for granting a variance.

The hearing examiner may permit and authorize a variance of any numerical standard, excluding housing density, from the requirements of this title only when unusual circumstances relating to the property cause undue hardship in the application of this title. The granting of such a variance shall be in the public interest. A variance shall be made only when all of the following conditions and facts exist:

A.    There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that were not created by the applicant and do not apply generally to other property in the same vicinity or zone;

B.    Such variance is necessary for the preservation and enjoyment of a substantial property right or use of the applicant possessed by the owners of other properties in the same vicinity or zone;

C.    The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which property is located; and

D.    The variance is the minimum necessary to grant relief to the applicant.

(Ord. 256 (2001) § 1, 2001: Ord. 216 (1998) § 4 (part), 1998)

17.500.020 Application.

A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the director. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The director may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties.

(Ord. 216 (1998) § 4 (part), 1998)

17.500.030 Investigation and report.

The director shall make an investigation of the application and shall prepare a report thereon. The report shall be transmitted to the applicant, representative(s) and hearing examiner in a manner consistent with Title 21 of this code prior to the public hearing. The report shall also be made available for public inspection, at the department of community development, at least five working days prior to the public hearing.

(Ord. 216 (1998) § 4 (part), 1998)

17.500.040 Public hearing and notice.

Variance applications shall be considered by the hearing examiner at public hearing as provided for in Title 21 of this code. Public notice shall be given as provided for in Title 21.

(Ord. 216 (1998) § 4 (part), 1998)

17.500.050 Action by hearing examiner.

The hearing examiner shall render a decision on the variance application as provided for in Title 21 of this code. The decision is final unless appealed.

(Ord. 216 (1998) § 4 (part), 1998)

17.500.060 Appeal.

The hearing examiner’s decision on a variance may be appealed as provided for in Title 21 of this code.

(Ord. 216 (1998) § 4 (part), 1998)

17.500.070 Effect.

In any case where a variance is granted under the terms of this title, no building or other permit shall be issued until after the end of the appeal period allowed to appeal the hearing examiner’s decision. An appeal of the decision shall automatically stay the issuance of a building or other permit until such appeal has been completed.

(Ord. 216 (1998) § 4 (part), 1998)

17.500.080 Expiration.

A variance shall become void three years after approval if no substantial construction or activity has taken place.

(Ord. 415 (2008) § 221, 2008: Ord. 216 (1998) § 4 (part), 1998)