17.52.090 Variances.
A. Purpose and Application. Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zoning district, relief from the development standards may be secured by the granting of a variance from those standards. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this chapter.
B. Application Contents. An application for a variance shall include all items determined by the director to be necessary for making a determination on the application. A pre-application discussion with planning staff regarding the variance is encouraged to help in identifying application submittal documentation.
C. Variance Review and Approval. The application for a variance shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with the procedures set out in Chapter 17.74, Public Hearings.
D. Basis for Approval. The planning commission may approve or conditionally approve an application for a variance if it finds all of the following:
1. Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district or districts.
2. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning districts in which such property is located.
3. The granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.
E. Terms and Conditions.
1. Any variance granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this chapter. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.
2. If the development for which a variance has been approved pursuant to this chapter has not commenced, or permits for each development have not been issued, within one year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the decision-making authority, upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
3. All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless the conditions are appealed pursuant to Chapter 17.72.
F. Variance Revocation and Modification. Any variance issued pursuant to this section may be revoked or modified pursuant to Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).