7.140.010 Purpose. The purpose of this chapter is to provide standards for the granting of variances from the applicable zoning requirements of this Ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece of the land, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted.

7.140.020 Administration and approval process.

A. The application shall be filed and processed in accordance with Chapter 7.162, Quasi Judicial Decision Making. Following a public hearing, the Commission may authorize variances from the requirements of this ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this Ordinance would cause an undue or unnecessary hardship.

B. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located.

C. In granting a variance, the Commission may attach conditions which it finds necessary to protect the interests of the surrounding property owners or neighborhood and to otherwise achieve the purposes of this ordinance. The Planning Commission shall apply the standards set forth in Section 7.140.030 when reviewing an application for a variance.

7.140.030 Criteria for granting a variance. The Commission may grant a variance only when the applicant has shown that all of the following conditions exist:

A. The proposed variance will not be materially detrimental to the purposes of this Ordinance, be in conflict with the policies of the comprehensive plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity;

B. Special conditions exist which are peculiar to the land or structure involved and are not applicable to lands and structures in the same zone and over which the applicant has no control.

C. The use proposed will be the same as permitted under this Ordinance and city standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land;

D. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this ordinance; and

E. The variance granted shall be the minimum necessary to make possible a reasonable use of the land and structures.

F. For variances to height requirements, six (6) inches shall be added to the required setbacks for the front, side and rear yards, for every foot of height allowed by the Commission beyond the established limit.

7.140.050 Application submission requirements.

A. All applications shall be made on forms provided by the City and shall be accompanied by:

1. A narrative which explains how the proposal conforms to Section 7.140.030.

2. A copy of all existing and proposed restrictions or covenants;

3. A vicinity map showing the proposed site and surrounding properties;

4. Three (3) copies of site plan containing the information drawn to a standard engineering scale. One copy must be no larger than 11" X 17". The site plan shall show the following, as applicable:

a. The site size and its dimensions;

b. The location, dimensions and names of all existing and platted streets and other public ways and easements on the site and on adjoining properties;

c. The location, dimensions and names of all proposed streets or other public ways and easements on the site;

d. The location and dimension of all proposed entrances and exits on the site, parking and traffic circulation areas, loading and services areas, pedestrian and bicycle facilities, and utilities;

e. The location, dimensions and setback distances of all existing structures, improvements and utilities which are located on adjacent property within twenty-five feet of the site and are permanent in nature, and

b. The location, dimensions and setback distances of all proposed structures, improvements, and utilities on the site;

B. In the case of a request for a variance to the building height provisions, the following additional information is required:

1. An elevation drawing of the structure and the proposed variance; and

2. A drawing(s) to scale showing the impact on adjoining properties.

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