23.40.020

A. Variances may be sought from the provisions of Subtitle III, Divisions 2, 3, and 4 of this Title 23 , except for the establishment of a use that is otherwise not permitted in the zone in which it is proposed, for a structure height in excess of that shown on the Official Land Use Map [4] or in excess of a height limit established in Chapter 23.75 , from the provisions of subsection 23.55.014.A, or from the provisions of Chapter 23.52 , Chapter 23.58A , Chapter 23.58B , and Chapter 23.58C . Applications for prohibited variances shall not be accepted for filing. B. Variances shall be authorized according to the procedures set forth in Chapter 23.76 , Procedures for Master Use Permits and Council Land Use Decisions. C. Variances from the provisions or requirements of this Land Use Code shall be authorized when all the facts and conditions listed below are found to exist: 1. Because of unusual conditions applicable to the subject property, including size, shape, topography, location or surroundings, which were not created by the owner or applicant, the strict application of this Land Use Code would deprive the property of rights and privileges enjoyed by other properties in the same zone or vicinity; and 2. The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located; and 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or vicinity in which the subject property is located; and 4. The literal interpretation and strict application of the applicable provisions or requirements of this Land Use Code would cause undue hardship or practical difficulties; and 5. The requested variance would be consistent with the spirit and purpose of the Land Use Code regulations for the area. D. In order to qualify for a variance under the foregoing criteria, an applicant need not demonstrate that, absent the variance, he or she would have no reasonable economic use of the property at issue. E. When a variance is authorized, conditions may be attached regarding the location, character and other features of a proposed structure or use as may be deemed necessary to carry out the spirit and purpose of this Land Use Code. (Ord. 125108 , § 5, 2016; Ord. 124895 , § 3, 2015; Ord. 124378 , § 9, 2013; Ord. 123963, § 14, 2012; Ord. 123770, § 3, 2011; Ord. 123046, § 5, 2009; Ord. 120691 , § 9, 2001; Ord. 118727 § 1, 1997; Ord. 117570 § 11, 1995; Ord. 117383 , § 2, 1994; Ord. 113263 § 2, 1986; Ord. 112522 § 7(part), 1985; Ord. 111390 § 4, 1983; Ord. 110669 § 8, 1982; Ord. 110381 § 1(part), 1982.)