(a) Description. A Variance Approval is a discretionary authorization of exceptions to the zoning district site and development standards for a property including Design Standards and Guidelines and regulations for special uses; The power to grant Variance Approvals does not allow changes in use which are affected only by Use Approvals pursuant to Section 13.10.220, rezoning of the property pursuant to Section 13.10.215, or amendment to the regulations of this Chapter. Variances to site area requirements may be approved only in the case where no new additional building sites would thereby be created (relief in which case may be provided only through rezoning of the property), or in any of the following instances:
1. To facilitate certificates of compliance.
2. To facilitate dedications of rights-of-way or other required improvements for public benefit.
3. To allow the consideration of the creation of new lots when the size of the lot is within 1% of the zoning requirement and is consistent with the General Plan.
(b) Procedures. All regulations and procedures regarding application, review, approval, appeal, enforcement, etc., for a Variance Approval shall be in accordance with the provisions of Chapters 18.10 and 19.01 for a Level V approval and paragraph (c) “findings” below except that site area variances which create new building sites under the circumstances described in Section 13.10.230(a) shall be processed at Level VII.
(c) Findings. The following findings shall be made prior to granting a Variance Approval in addition to the findings required for the issuance of a Development Permit pursuant to Chapter 18.10:
1. That because of special circumstances applicable to the property, including size, shape, topography, location, and surrounding existing structures, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. That the granting of such variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity.
3. That the granting of such variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such is situated. (Ord. 746, 1/8/62; 1048, 2/1/65; 1578, 2/23/70; 1704, 4/25/72; 1739, 7/17/72; 2459, 7/19/77; 2506, 11/22/77; 2800, 10/30/79; 3186, 1/12/86; 3344, 11/23/82; 3432, 8/23/83; 3632, 3/26/85; 4761 §§ 5, 6, 5/18/04)