The development standards in this title protect the public health, safety and welfare by establishing standard setbacks, maximum building heights and other development standards that apply to various uses. For lands or uses with unique characteristics the intent and purpose of the development standards may be maintained while allowing for a variance to quantifiable requirements. (Ord. 619, 2003)

Under the following provisions, a property owner or his or her designate may propose a modification or variance from a standard or requirement of this title, except when one or more of the following applies:

A. The proposed variance would allow a use that is not permitted in the district;

B. Another procedure and/or criteria is specified in this title for modifying or waiving the particular requirement or standard; or

C. Modification of the requirement or standard is prohibited within the district.

(Ord. 619, 2003)

An application for a variance shall be filed with the city and accompanied by the appropriate fee. It shall be the applicant’s responsibility to submit a complete application, including findings that address relevant review criteria of this chapter. (Ord. 619, 2003)

A. The city manager may allow a minor variance from a requirement or standard of this title in accordance with the Type I review procedures provided that the applicant provides evidence that the following circumstances substantially exist:

1. The intent and purpose behind the specific provision sought to be varied is either clearly inapplicable under the circumstances of the particularly proposed development; or

2. The particular development as proposed otherwise clearly satisfies the intent and purpose for the provision sought to be varied; and

3. The proposed development will not unreasonably impact adjacent existing or planned uses and development; and

4. The minor variance does not expand or reduce a quantifiable standard by more than twenty (20) percent and is the minimum necessary to achieve the purpose of the minor variance; and

5. There has not been a previous land use action approved on the basis that a minor variance would not be allowed.

B. When a minor variance application is submitted concurrently with an application requiring a Type II review, such as a partition, subdivision, or planned unit development, the city manager may refer the minor variance application to the planning commission for their review. (Ord. 622, 2004)

The planning commission may allow a major variance from a requirement or standard of this title after a public hearing conducted in accordance with the Type II review procedures provided that the applicant provides evidence that the following circumstances substantially exist:

A. Exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, legally existing prior to the date of the ordinance codified in this title, topography, or other circumstances over which the applicant has no control.

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

C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located, or otherwise conflict with the objectives of any city plan or policy.

D. That the special conditions and circumstances on which the application is based does not result from the negligent or knowing violation of this title by the applicant.

E. The variance requested is the minimum variance that would alleviate the hardship.

(Ord. 619, 2003)

A. Variance approval shall be effective for a period of one year from the date of approval. If the variance has not been implemented within the one-year period, the approval shall expire.

B. Variance approval shall be voided immediately if the use established on site does not substantially conform to the approval granted by the planning commission.

C. The city manager shall upon written request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months provided that:

1. No changes are made to the approved variance;

2. The applicant can show intent to implement the variance within the six month extension period; and

3. There have been no changes in existing conditions, facts, or applicable policies or ordinance provisions on which the original approval was based;

4. The request for extension shall be submitted, in writing, thirty (30) days prior to the expiration of the approval period. (Ord. 622, 2004)