Section 25.12.650 Conditions for Variances.

1. General guidelines. The power to grant variances should be exercised sparingly and only under exceptional circumstances where the hardship is so substantial, serious and compelling that relaxation of this title's restrictions ought to be granted.

2. Required showing by applicant. No use, area or other variance shall be granted unless the applicant establishes the existence of each of the following conditions:

a. Granting the variance would not be contrary to the public interest. To satisfy this element the applicant must demonstrate that the variance will not:

(3) Endanger the public health or safety, or otherwise be materially detrimental to the welfare of nearby neighbors or the public at large; nor

b. The applicant will suffer an unnecessary hardship if forced to obey the strict letter of this title. To satisfy this element, the applicant must demonstrate each of the following:

(1) The land in question cannot yield a reasonable return if used for its present use or developed, redeveloped or used in any other manner permitted or specially permitted by this title (and not prohibited by any other applicable law) in the zone in which said lot or parcel is located. Failure to yield a reasonable return may be shown by proof that the owner has been deprived of all reasonable beneficial or productive use of the land in question. All beneficial use is said to have been lost where the land is not suitable for any use permitted by the zoning ordinance. Examples of this requirement are as follows:

Example No. 1: Where land is located in a district limited to residential or commercial use, and where lack of transportation, sparse development, and the refusal of lending institutions to advance money for residential or commercial uses render development consistent with the ordinance infeasible, unnecessary hardship is said to result from literal application of the ordinance.

Example No. 2: Where the land in issue has so changed that the uses for which it was originally zoned are no longer feasible.

It is not sufficient merely to show that the value of the land has been depreciated by the regulations or that a variance would permit the owner to maintain a more profitable use.

(2) The plight of the owner is due to a unique physical condition inherent in the property itself and not to the general conditions in the neighborhood, which may reflect the unreasonableness of the zoning ordinance itself.

The board shall not find in the applicant's favor on this element if the evidence demonstrates that any offered unique physical condition was created by the applicant's own actions, or that there is no casual connection between the owner's plight and the unique physical condition offered to the board.

c. The variance would not result in a use or development of the lot or parcel in question which would not be in harmony with the general purpose and intent of this title or the general plan, or the development policies therein of the city.

a. Permit any use or development in a residential zone which is not permitted as of right by the use regulations applicable in such zone or in any other residential zone established by this title;

b. Permit any prohibited industrial use or development in any business zone; (See Sections 25.50.030; 25.52.040; 25.54.030; 25.56.030; and 25.580.030).

c. Permit any use or development in any industrial zone which is not permitted as of right by the use regulations applicable in such zone;

d. Permit the creation of a lot or parcel that cannot be developed in compliance with the zoning, subdivision and other regulations applicable thereto; (See Chapter 24.10)

f. Be greater than the minimum variance necessary to relieve the practical difficulty, unnecessary hardship or lack of fair return demonstrated by the applicant. (Ord. 2003-0437; 89/T-7516)