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An application for a variance shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for variances.
(Ord. 2185)
Upon a determination that the variance application is in proper form and deemed complete, the Zoning Administrator shall hold at least one public hearing, in compliance with Chapter 19.10 (Noticing and Public Hearings), or may refer the application to the Commission, which shall then hold a public hearing on the application.
(Ord. 2185)
Following a public hearing, the Zoning Administrator or Commission shall record the decision in writing with the findings upon which the decision is based, in compliance with State law. The Zoning Administrator or Commission may approve a variance application, with or without conditions, only after first finding that:
A. There are exceptional or extraordinary circumstances or conditions applicable to the property, structure, or use referred to in the application, including location, shape, size, surroundings, or topography, which do not apply generally to property, structures, or uses in the same zoning district, so that the strict application of these Regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under an identical zoning district;
B. Granting the variance is necessary for the preservation and enjoyment of substantial property rights;
C. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel;
D. Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and
E. Granting the variance will not, under the circumstances of the particular case, be materially detrimental to the public interest, health, safety, convenience, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.
(Ord. 2185)
In granting a variance in compliance with this chapter, the Zoning Administrator or Commission may designate conditions that will ensure the objectives of the regulation or provision for which the variance is granted. The Director may record a variance with the County Recorder when the variance approval includes a condition restricting the future use or development of the property.
(Ord. 2185)
Changes to a variance may be approved, in compliance with Section 19.30.060 (Changes to an approved project).
(Ord. 2185)
A variance shall be exercised within three years from the date of approval or shall be deemed void unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions).
(Ord. 2185)(Ord. 2440 §15)