§ 16.70.040.1.10. Variance, design standards.

A.

Applicability. Any person requesting a variance from the building design standards outlined in the individual zoning classifications shall apply to the POD.

B.

Application. An application for variance from the building design standards of any zoning district shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A written demonstration that the existing conditions and circumstances are such that the strict application of the provisions of the land development regulations would deprive the applicant of reasonable use of said land, building, or structure, equivalent to the use made of lands, buildings, or structures in the same district and permitted under the terms of this provision.

C.

Procedures.

1.

Administrative approval . Where unique conditions related to existing buildings or surrounding conditions preclude strict compliance with the building design standards, the POD may approve a variance to the standards.

D.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision shall comply with the following factors:

1.

Where a design standard is related to a building or architectural element, the variance shall reinforce a unique condition of an identifiable architectural style lending to the design intent of that style;

2.

Standards of review required by the variances section.

E.

Appeal.

1.

For property located within the Downtown Center districts, decisions of the POD granting, granting with conditions, or denying variance may be appealed to the commission designated in the Decisions and Appeals Table.

2.

For property located outside of the Downtown Center districts, decisions of the POD granting, granting with conditions, or denying a variance may be appealed to the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.10; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 1029-G, § 57, 9-8-2011; Ord. No. 100-H, §§ 6, 9, 12-19-2013)