(A) Purpose And Intent: The purpose of a variance is to provide for equity in use of property, and to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title.
(B) Authority: The authority to grant a minor variance shall be vested with the planning director. The authority to grant a major variance, as defined in subsection (D) of this section, shall be vested with the planning commission.
1. A variance from the terms of the regulations of this title shall be granted only when it is demonstrated that the strict application of the zoning regulations deprives such property of privileges enjoyed by other properties in the general vicinity and in the same zone district due to special circumstances applicable to the property in question, including size, shape, topography, location or surroundings. Consequently,
2. a variance to a zoning regulation prescribed by this title may be granted with respect to development standards, including, but not limited to, walls, fences, screening and landscaping, site area, width and depth, coverage, front, side and rear yards, height of structures, usable open space, and on street and off-street parking and loading facilities.
3. In approving a variance, the planning director and planning commission may impose reasonable conditions of approval.
4. Should the planning director deny, modify or condition the variance sought pursuant to this section, the planning commission may hear the minor variance on appeal.
(C) Minor Variances: The planning director may approve requests for minor variances to modify the following requirements of this title:
1. Minor parking lot improvements.
2. Up to thirty percent (30%) of parking and loading space requirements, not to exceed two (2) spaces.
3. Up to twenty percent (20%) of front yard setback requirements.
4. Up to forty percent (40%) of side yard setback requirements, but no closer than three feet (3') from the side property lines.
5. Up to twenty five percent (25%) of rear yard setback requirements, but not closer than five feet (5') from the rear property line.
6. Up to ten percent (10%) of lot area requirements, excluding lot area and dimension requirements.
7. Up to ten percent (10%) of the maximum building coverage requirements.
8. Up to ten percent (10%) of maximum gross floor area requirements.
(D) Major Variances: Any request for a variance other than a minor variance shall be termed a major variance, and shall be reviewed and acted upon by the planning commission.
(E) Required Findings: The planning commission and/or the planning director shall make all the following findings in a decision to grant a variance request:
1. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship, excepting financial hardships, not otherwise shared by others within the surrounding area or vicinity; and
2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the vicinity and under the same zoning classification; and
3. The strict interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification; and
4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification; and
5. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and
6. The granting of the variance is consistent with the objectives and policies of the general plan and the intent of this title.
(F) Conditions: In granting a variance the planning commission, or the city council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare, and to secure the objectives of the general plan. The planning commission, or the city council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:
1. Requirements for open spaces, fences, walls, landscaping, screening buffers, erosion control measures and flood control measures, including maintenance thereof;
2. Requirements for dedications and street improvements;
3. Regulation of vehicular ingress and egress and traffic circulation;
4. Regulation of hours of operation and such other conditions deemed necessary to ensure compatibility with surrounding land uses to preserve the public health, safety and welfare. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)