18.70.010 Variances.
A. Subject to conditions, safeguards and procedures provided by this title, the hearing examiner may be empowered to hear and decide applications for variances from the terms of this title; provided the hearing examiner may approve a variance only if the request conforms to all of the following criteria. The examiner must enter findings of fact and conclusions of law which support the following criteria and any conditions:
1. That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of this title.
2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of such lot.
3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. For nonconforming single-family homes, this finding is determined to be met if the features of the proposed variance are consistent with other comparable features within 500 feet of the proposal.
4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners.
5. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.
6. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located.
7. The variance will not allow an increase in the number of dwelling units permitted by the zoning district.
8. The authorization of such variance will not adversely affect the comprehensive plan.
9. The variance shall not allow a land use which is not permitted under the zoning district in which the property is located.
10. The variance shall not change any regulations or conditions established by surface mining permits, administrative use permits, conditional use permits or contract rezones authorized by the city council.
B. In authorization of a variance, the hearing examiner may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as they may deem necessary to carry out the spirit and purpose of this title and in the public interest.
C. A variance so authorized shall become void after the expiration of one year, or longer period if specified at the time of issuance, if no building permit, occupancy permit or business registration has been issued in accordance with the plans for which such variance was authorized. The hearing examiner may extend the period of variance authorization for one additional year without public hearing upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application. (Ord. 6269 § 23, 2009; Ord. 4840 § 1, 1996; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)