15.03.140 Variances.
A. User Guide. This section establishes a mechanism whereby the provisions of Title 19 can be varied on a case-by-case basis if the application of such provisions would result in an unreasonable and unusual hardship. The criteria of this section shall be met in order to approve a variance.
B. Who May Apply. A property owner, or their designated agent, may apply for a variance.
C. Review Process. An application for a variance is considered by Review Process III. See Chapter 15.02 for procedures.
D. Criteria for Granting a Variance. The city may grant a variance only if it finds that:
1. The variance will not be materially detrimental to the property in the area of the subject property or to the city as a whole; and
2. The variance is necessary because of exceptional or extraordinary circumstances regarding the size, shape, topography or location of the subject property; or the location of a preexisting improvement on the subject property that conformed to the zoning or unified development code in effect when the improvement was constructed; and
3. The variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as the subject property; and
4. The need for the requested variance is not the result of a self-created hardship.
E. Variances Prohibited. Under no circumstances shall the review authority grant a variance to any of the following:
1. To any provisions establishing the uses that are permitted to locate or that may continue to operate in any zone; or
2. To any of the procedural provisions of the code; or
3. To any provision that specifically states that its requirements are not subject to variance; or
4. To minimum lot size or maximum residential density requirements; or
5. To the critical areas standards in Chapter 19.37.
F. Stay of Proceedings. If a request for a variance is made in an effort to remedy a violation of Title 19 for which enforcement action has been commenced, the variance request stays all proceedings on the enforcement action until the variance has been acted upon. If, in the opinion of the mayor, a stay of proceedings would cause imminent peril to life or property, the mayor may continue enforcement action and such enforcement action may not be stayed except by a restraining order issued by superior court. If a variance request has been filed, enforcement shall be taken only to the extent that there shall no longer be imminent peril to life or property. (Ord. 3774-20 § 3 (Exh. 2), 2020.)