Variance and adjustment procedures are intended to allow modifications of specific standards when the approval authority finds that approval criteria are satisfied. A variance or adjustment shall not be granted if the effect is to vary the uses permitted in the zoning district, definitions, or the residential density.
A. Adjustment: An adjustment is a request for a ten percent (10%) increase or decrease in a quantitative provision of this Title. The City Administrator may grant an adjustment through a Type II procedure if all of the following criteria are satisfied:
1. Granting the adjustment will equally or better meet the purpose of the regulation to be modified.
2. If in a residential district, the proposal will not significantly detract from the livability or appearance of the residential area. If in a commercial or industrial district, the proposal will be consistent with the desired character of the area.
3. If more than one adjustment is requested, the cumulative effect of the adjustments will result in a project that is still consistent with the overall purpose of the district.
4. Any impacts resulting from the adjustment are mitigated to the extent practical.
5. Granting the adjustment is the minimum necessary to allow the use of the site.
B. Variance: A variance is a request for more than a ten percent (10%) modification of a quantitative standard or qualitative criteria in this Title. The Planning Commission may grant an adjustment through a Type III procedure if all the following criteria are satisfied:
1. The need for the adjustment is beyond the applicant's control.
2. To meet the need, the request is the minimum necessary variation from the requirement.
3. There are development constraints associated with the property or the present use or permitted use of the property which make development of a permitted use impractical, or the variance is needed to allow the applicant to enjoy a substantial property right possessed by a majority of property owners in the same vicinity.
4. Either the circumstances that apply to the site or the present or a permitted use of the site do not typically apply to other properties in the same vicinity or district, and are unique or unusual; or it would be more detrimental to the public safety or more injurious to the public welfare to apply the requirement than to grant the proposed variance.
5. If more than one variance is requested, or a variance and adjustment, the cumulative effect of the requests will result in a project that is still consistent with the overall purpose of the district.
6. The variance does not circumvent the purpose of the requirement or any provision of the Comprehensive Plan. (Ord. 688, 6-15-1999)