18.28 Variances

Other

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. decision may be appealed to City Council

  The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Chapter 18.32 MSMC (Appeals).

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. application signed by property owner

  An application signed by the property owner shall be submitted to the City.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. approving authority is Planning Commission

  The designated approving authority for a variance is the Planning Commission.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot allow expansion beyond lot coverageLot coverageThe share of a lot that buildings may cover, as a percentage. or site development

  Variances cannot be used to allow expansion beyond the lot coverage or site development permitted for a parcel of land.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot approve extra parcel beyond General Plan densities

  Variances cannot be used to approve an extra parcel beyond what is permitted by the General Plan densities.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot approve land use not allowed in districtZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2.

  Variances cannot be used to approve a land use that is otherwise not allowed in a zoning district.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot provide special privilege

  Variances cannot be used to approve a special privilege to one property owner that is not available to other property owners in similar circumstances.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot increase maximum density

  Variances cannot be used to increase the maximum density.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot increase lot coverageLot coverageThe share of a lot that buildings may cover, as a percentage.

  Variances cannot be used to increase the amount of lot coverage to allow a larger building on a parcel that is otherwise adequate in size for a building, parking lot, and landscaping.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot increase sign area or heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first.

  Variances cannot be used to increase the area permitted for signs or the height of signs.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. before Planning Commission

  The variance application shall be scheduled for a public hearing before the Planning Commission.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. requires minimum relief

  The relief being granted by approval of the variance is the minimum relief necessary to restore the property entitlement.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. requires no adverse effect on other properties

  Approval of the variance does not adversely affect other properties in the area or within the same zoning district.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. requires not undermining zone purpose

  The approval does not undermine the purpose and development standards of the zone.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. requires strict interpretation prevents development

  Strict interpretation of the Land Development Code with granting a variance means that the property owner cannot develop the land in conjunction with basic property entitlement of the zoning district.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. requires unique physical characteristics

  The physical characteristics of the property are unique and its shape, topography, or location of access is different from other properties in the same zoning district and the general vicinity.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. may be revoked for noncompliance

  Failure to comply with the conditions of any variance constitutes a violation of this code. The City, among its remedies, may revoke the variance, following the procedures in MSMC 18.30.070 (Modification and Revocation), and require conformance to the overall zoning regulations.