VARIANCES
Sections:
20.606.010 Major and minor variances.
20.606.020 Application for variance.
20.606.030 Procedures for minor variance.
20.606.040 Procedures for major variance.
20.606.050 Findings for variances.
20.606.060 Decision on variance.
20.606.070 Limitations on variance.
20.606.010 Major and minor variances.
A. Applications for variances in building setbacks,
open space requirements, fence heights and off-street
parking requirements where the application requests
a variance to the requirements of the base zoning
district which is 20 percent or less of the required
building setback requirements or fence height,
or ten percent or less of off-street parking,
open space requirements or increases in accessory
dwelling floor area, where there is an existing
accessory building which is to be converted to
an accessory dwelling, are minor variances and
may be approved administratively by the director.
B. All other applications for variances, including
those related to sign permits, are major variances
and must be approved by the planning commission,
the final decision-maker. The director shall
be responsible for processing such applications
for major variances. (Ord. 801, 1997; Ord. 763,
1996; Ord. 199, 1973) 
20.606.020 Application for variance.
An application for a variance may be submitted by
the property owner or an agent authorized in
writing to act on the owner’s behalf to the community
development department in accordance with chapter
20.04. (Ord. 763, 1996; Ord. 199, 1973)
20.606.030 Procedures for minor variance.
The director shall render a decision on each minor
variance application in accordance with chapter
20.06 and may impose conditions pursuant to chapter
20.14. Appeal of the decision shall be to the
planning commission in accordance with the procedures
set forth in section 20.28.020. Notice of the
filing of the application shall be made in accordance
with section 20.20.040. (Ord. 763, 1996; Ord.
199, 1973)
20.606.040 Procedures for major variance.
A. The director shall submit his report to the planning
commission containing the county staff’s findings
and recommendations on each application for a
major variance in the manner provided in section
20.16.030.
B. The planning commission shall hold a public hearing
not later than 45 days after the application
has been deemed complete. Published and personal
notice of the public hearing shall be given in
the manner provided in chapter 20.40. The public
hearing shall be conducted in accordance with
chapter 20.24. (Ord. 763, 1996; Ord. 199, 1973)
20.606.050 Findings for variances.
A. The director shall not approve a minor variance
unless undue hardship is self-evident and the following findings are met:
1. The granting of the variance will not substantially impair the
intent and purpose of this title or the goals, policies and objectives embodied
in the master plan;
2. The variance is not requested exclusively on the basis of economic
hardship to the applicant; and
3. The variance does not result in the establishment of a use (including
lot size) which is not permitted within the specific zoning district.
B. The planning commission shall not approve a major variance unless it
finds that:
1. By reason of exceptional narrowness, shallowness, or shape of
the property in question, or by reason of exceptional topographic conditions
or other extraordinary and exceptional situation or condition of the property
in question, the strict application of the provisions of that title would result
in peculiar and exceptional practical difficulties to, or exceptional and undue
hardships upon, the applicant;
2. The circumstances or conditions do not apply generally to other
properties in the same land use district;
3. The granting of the variance will not result in material damage
or prejudice to other properties in the vicinity, substantial impairment of
natural resources or be detrimental to the public health, safety and general
welfare. (Ord. 763, 1996; Ord. 533, 1991; Ord. 199, 1973)
20.606.060 Decision on variance.
The planning commission shall approve, conditionally
approve or deny the application for major variance.
The commission may impose conditions in accordance
with chapter 20.14 and section 20.606.070. Appeal
of the decision shall be to the board of adjustment
in accordance with chapter 20.12. (Ord. 801,
1997; Ord. 763, 1996; Ord. 199, 1973)
20.606.070 Limitations on variance.
A. No minor or major variance shall be granted that
allows a land use prohibited in the zoning district
in which it is located or that changes any boundary
of the district, nor shall any variance be granted
that changes the density of residential use or
that changes the intensity of non-residential
use. Any variance so granted is null and void,
and any activities undertaken pursuant to such
variance shall be deemed in violation of this
title.
B. The planning commission, in approving a major
variance, and the director, in approving a minor
variance, shall impose the following conditions:
1. Where no other discretionary permit is required,
construction shall be commenced within 12 months;
2. Where approved concurrent with another discretionary
permit, the variance shall run with the time
established for the other permit;
3. Conformance to plans approved as a part of the
variance; and
4. If a variance does not authorize the erection
or alteration of a permanent structure, it shall
be subject to review by the commission or the
director, depending on whether it is an administrative
or a major variance, after the expiration of
two years.
C. No variance shall be granted which alters or
modifies the procedures under Part I or Part
II of this title. (Ord. 801, 1997; Ord. 763, 1996; Ord. 641, 1994; Ord.
533, 1991; Ord. 392, 1981; Ord. 199, 1973;
Ord. 167, 1968)
