(A) Purpose. A variance is a discretionary approval that allows for deviation from physical development standards in the Zoning Code. The city may grant a variance only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property.
(B) When allowed.
(1) Allowable variances. The city may grant a variance to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor area ratio (FAR), and off-street parking requirements.
(2) Variances not allowed. A variance may not be granted to:
(a) Permit a use other than a use permitted in the zoning district as specified in Part 2 (Zoning District Standards);
(b) Allow deviation from a requirement of the General Plan (e.g., maximum residential density in zoning district); and
(c) Allow deviations to Zoning Code standards to reduce construction costs.
(C) Types of variances. The Zoning Code establishes two types of variances: major variances and minor variances.
(1) Minor variance. A minor variance allows a deviation from a standard by 20% or less.
(2) Major variances. A major variance allows a deviation from a standard by more than 20%.
(D) Calculating deviations. A deviation allowed with a variance is calculated as a percentage of the distance or area required by the standard. For example, if the minimum required setback is 20 feet, the setback may be reduced by four feet to 16 feet (a four-foot reduction is 20% of 20 feet). The same setback may be reduced to any distance less than 16 feet with a major variance.
(E) Review authority.
(1) Minor variance. The Director reviews and takes action on minor variance applications. The Director may refer any application to the Planning Commission for public hearing and decision.
(2) Major variances. The Planning Commission reviews and takes action on major variance applications.
(F) Application submittal and review. Variance applications must be submitted and reviewed in compliance with § 155.408 (Permit Requirements).
(G) Public notice and hearing.
(1) Minor variance. Public notice of the Director's pending action on a minor variance permit application will be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.
(2) Major variance. The Planning Commission must review and act on a major variance application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).
(H) Findings for approval. To approve a variance, the review authority must make all of the following findings:
(1) There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zoning district as the subject property;
(2) The strict application of the Zoning Code regulation would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zoning district as the subject property;
(3) The variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zoning district as the subject property; and
(4) The variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zoning district as the subject property.
(I) Precedent. The approval of a variance does not set a precedent for the granting of any future variance. Each application must be considered only on its individual merits.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)