19.43.030 Review and approval procedures.

(A) Application. An application for a variance shall be filed with the community development department on forms prescribed by the planning commission, along with any plans, maps, or additional information required by the community development director. The application shall include, in part, evidence supporting the findings required by subsection (C) of this section.

(B) Review and Approval Authority. A variance application shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with Chapter 19.40, Review and Approval Procedures.

(C) Required Findings. The planning commission may approve or conditionally approve a variance application if it makes all of the following findings:

(1) Special circumstances exist applicable to the subject property, including size, shape, topography, location, existing improvements, or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district(s).

(2) Granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district(s) in which such property is located.

(3) Granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

(4) Granting of the variance does not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

(5) Granting of the variance will not result in an inconsistency with the general plan, including policies related to airport compatibility.

(D) Terms and Conditions. Any variance approval may include such terms and conditions as deemed necessary or appropriate by the planning commission to affect the purposes of this title. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.