14.30.190 Variances.
This section shall govern the issuance of variances to reduce or modify certain provisions of this title.
A. A variance may be granted to the density, dimension, height, setback, and development standards; provided, that all other provisions of the Municipal Code can be met.
B. Under no circumstances shall the city grant a variance to allow a use not permissible under the terms of this title in the zoning district involved, or any use expressly or by implication prohibited in the zoning district by the terms of this title.
C. Variances shall be processed in conjunction with associated permits and approvals. For example, a variance request submitted with a short plat application will be processed in accordance with the Type 2 review procedures, and a variance request submitted with a subdivision application will be processed in accordance with the Type 3 procedures.
D. Variances may be approved by the city based on a finding that such variance will not be contrary to the public interest and the comprehensive plan or where literal enforcement of the provisions of this title would result in undue hardship. A variance shall not be granted unless the city further finds that the applicant has demonstrated all of the following:
1. That special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, do exist; and
2. That because of such special circumstances, strict application of this title would deprive the subject property of rights and privileges enjoyed by other properties in the vicinity under identical zoning district classification; and
3. That the granting of the variance will not be materially detrimental to the public health, safety, and welfare or injurious to the property or improvements in the vicinity and zoning district classification in which the property is situated; and
4. That the special circumstances do not result from the actions of the applicant; and
5. That the granting of a variance will be in harmony with the general purpose and intent of this title, the specific zoning district, and the city comprehensive plan.