23.406.050 Variances.
A. Purpose. A Variance is a discretionary approval that allows for deviations from development standards and land use regulations in the Zoning Ordinance. 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. Deviations Allowed with a Variance. The ZAB may grant a Variance to allow for deviation from any provision in the Zoning Ordinance related allowed land uses, use-related standards, and development standards.
2. Deviations Allowed with a Use Permit. The ZAB may allow deviations from building setback, lot coverage, and on-site parking standards with a Use Permit instead of a Variance if:
(a) The property is 30 feet or less from an open creek; and
(b) Deviation from the standard is necessary to comply with Chapter 17.08 (Preservation and Restoration of Natural Watercourses).
C. Variances Not Allowed. A Variance may not be granted to allow deviation from a requirement of the General Plan.
D. Review Authority. The ZAB takes action on all Variance applications.
E. Public Notice and Hearing. The ZAB shall review and act on a Variance application at a noticed public hearing in compliance with Chapter 23.404 (Common Permit Requirements).
F. Findings for Approval.
1. To approve a Variance, the ZAB shall make all of the following findings:
(a) There are exceptional circumstances applying to the property which do not apply generally in the same district.
(b) The Variance is necessary to preserve a substantial property right.
(c) The Variance will not adversely affect the health or safety of persons residing or working near the property.
(d) The Variance will not be materially detrimental to the public welfare or injurious to nearby property or improvements.
(e) The Variance will promote the municipal health, welfare, and safety and benefit the city as a whole.
(f) Any other Variance findings required by Zoning Ordinance can be made.
2. The ZAB shall deny a Variance if it determines that it is unable to make any of the required findings. (Ord. 7850-NS § 18, 2023: Ord. 7787-NS § 2 (Exh. A), 2021)