(a) 
Variances from the terms of this title may be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the provisions of this title deprive such property of privileges enjoyed by other property in the vicinity and under the identical district classification.
(b) 
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated.
(c) 
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized or clearly permissible by the provisions of this title governing that parcel of property.
(Prior Code § 10-127.1)
Applications for variance shall be filed with the Community Development Department by the owner, his authorized agent or a lessee upon forms provided by the Community Development Department. Applications shall set forth and state fully the reasons and grounds for the variance and shall contain such information as the Planning Commission shall prescribe.
Every application for a variance shall be accompanied by a drawing or plot plan, in duplicate, drawn to scale and showing the lot and the building site or sites, the proposed location of the building or buildings on the lot, accurate dimensions of the buildings, of the yards and of the lot, and such other information as may be necessary to provide for the enforcement of these regulations or the intelligent consideration of the variance request, as the case may be.
(Prior Code § 10-127.2(a))
Before accepting an application for variance, the Community Development Department shall charge and collect a filing fee. Such fee shall be as established by a resolution of the Council. Prior to increasing the filing fee for a variance, or adding a new fee, notice shall be given in conformity with Article 1 of Chapter 2-24 of this Code.
(Prior Code § 10-127.2(b); Ord. 83-1065 § 1, eff. 1/5/84)
(a) 
Upon receipt of the applications in proper form, the Community Development Director shall place the item on the Planning Commission's agenda for public hearing within a reasonable period of time.
(b) 
Notice of such hearing shall be given by notice through the U.S. mail with postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records of the assessor or the tax collector as may contain more recent addresses, or by both publication in a newspaper of general circulation, published and circulated in the City, and by first-class mail to any person who has filed a written request therefor with the Planning Commission. Such a request may be submitted at any time during the calendar year. Notice also shall be given to all property owners owning property within a distance of 300 feet from the exterior boundaries of the subject property. As an alternative to such mailing, in addition to the published notice in the newspaper, such notice may be given by posting of the notice in a conspicuous place on the property not less than 10 days prior to the date of hearing.
(c) 
The Planning Commission shall, on the date set, hold the public hearing upon the application of the variance.
(Prior Code § 10-127.2(c)(1), (d)(1, 2); Ord. 90-1 § 2, eff. 3/8/90)
[1]
Editor's Note: Section 12-36.04(b) was amended by request of the City Attorney.
Before it may grant a variance, and based upon information shown in the application and verified by staff report, or upon further information brought forth during the course of the hearing, the Planning Commission must find that because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the provisions of this title deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification. The circumstances so found must be specifically set forth by the commission in its findings.
(Prior Code § 10-127.2(c)(2))
(a) 
From the facts presented with the application at the public hearing the Planning Commission may grant the requested variance in whole or in part and with or without conditions as specified in Section 12-36.07. If the findings cannot be made, such application shall be denied.
(b) 
Every action or decision of the Planning Commission authorizing a variance from the regulations established in this title shall be by resolution adopted by a majority of the commission's voting members, setting forth the written findings of fact required by Section 12-36.05.
(c) 
The Planning Commission shall make its findings and determinations within 30 days from the date of the closing of the hearing of such application and shall within 10 days of its decision mail a notice of its decision to the applicant and any other person who has requested notice. The 30 day period may be extended at the request of or with the consent and approval of the applicant. The Planning Commission's decision shall be final unless appealed to the City Council. The failure of the Planning Commission to make its findings and determination within the time limit as provided in this subsection, or any approved extension thereof, constitutes a denial of the variance by the Planning Commission as of the last day when the Planning Commission could have acted thereon.
(d) 
No variance granted or authorized by the Planning Commission, as provided in this section, shall become effective until the fifteenth (15th) calendar day following the action authorizing such variance.
(Prior Code § 10-127.2(d)(3—6); Ord. 90-1 § 2, eff. 3/8/90)
(a) 
The Planning Commission, in approving a variance, may set forth in its decision reasonable terms and conditions which it deems necessary to protect the health, safety and welfare of the community and to assure the intent and purpose of these regulations. It may also require such security and guarantees as it may deem necessary to insure that such terms and conditions are being or will be complied with.
(b) 
Every variance from the provisions of this title granted by the Planning Commission, or where applicable on appeal thereof by the City Council, shall be granted only subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated, and shall contain as a condition thereof the following:
"The variance hereby allowed is conditioned upon the privileges granted herein being utilized within 180 days after the effective date hereof, and should the privileges authorized hereby fail to be executed or utilized or where some form of construction work is involved, such construction has not actually commenced within such 180 days, and is not diligently prosecuted to completion, this authority shall become null and void and any privilege or variance granted hereby shall lapse unless such variance has not been utilized within such 180 day period by reason of delays caused by the Community Development Department in approving plans, in which event the Planning Commission may grant a reasonable extension of time. The Planning Commission may, in its discretion and with the consent or upon the request of the applicant, for any cause, grant a reasonable extension of time in addition to the 180 days herein provided. Such requests for extension shall have been filed with the Community Development Director 15 days prior to the expiration of the 180 day time limit noted above."
(c) 
No variance granted or authorized by the Planning Commission, as provided in this section, shall become effective until after an elapsed period of 14 calendar days from the date of the action authorizing such variance.
(Prior Code § 10-127.2(d)(7); Ord. 86-32 § 9(B), eff. 2/19/87)
(a) 
Eligibility. Written appeals may be taken to the City Council by the applicant for variance or by any interested person affected by any determination for variance or upon the failure of the Planning Commission to make its determinations on any application within the 30 day limit mentioned in Section 12-36.06(c)).
(b) 
Two copies of an appeal shall be filed with the City Clerk within 14 calendar days from the date of action by the Planning Commission or from the expiration of the 30 day period for Planning Commission action.
(c) 
Fee. Before accepting an appeal, the City Clerk shall charge and collect a filing fee. Such fee shall be as established by a resolution of the City Council. Prior to increasing the fee for filing an appeal or adding a new fee, notice shall be given in conformity with Article 1 of Chapter 2-24 of this Code.
(d) 
Grounds. An appeal shall specifically state the ground therefor and shall state specifically the ground therefor wherein the Planning Commission erred or failed to conform to the requirements of this chapter.
(e) 
Transmittal. The City Clerk shall immediately transmit one copy of the appeal to the Community Development Director and, if the appeal has been made by someone other than the applicant, one to the applicant.
(f) 
Effect. The appeal stays all proceedings in furtherance of the action appealed from until the determination of the appeal as provided in this chapter.
(g) 
Report of Director. Upon receipt of the appeal, the Community Development Director within 10 days shall transmit to the City Clerk the original petition and copies of all other papers constituting the record upon which the action appealed from was taken, together with a written report disclosing in what respects the petition for variance and facts offered in support thereof met or failed to meet the qualifications provided in this chapter.
(h) 
Hearing. The City Clerk shall place the item on the agenda for Council hearing, which hearing shall be not less than 10 days nor more than 30 days from the date of receipt of the appeal. The City Clerk shall give notice of such hearing in the manner prescribed in Section 12-36.04.
(i) 
Council Action. The Council may by resolution reverse, wholly or partly, or may modify any decision, determination or requirement of the Planning Commission. In doing so, the Council must make a written finding of fact setting forth wherein the Planning Commission's findings were in error and wherein the property or particular use involved meets or fails to meet the qualifications set forth in Section 12-36.01. Failure of the Council to reverse or modify the decision of the Planning Commission within 15 days of the date of the closing of the hearing constitutes affirmation of the Planning Commission's decision.
(j) 
Withdrawal. An appeal may be withdrawn at any time prior to the date and time of mailing of notice of the public hearing.
(Prior Code § 10-127.2(e); Ord. 83-1065 § 1, eff. 1/5/84; Ord. 86-32 § 9(C), eff. 2/19/87)
(a) 
Effect. The revocation of a variance shall have the effect of denying all privileges granted by the variance.
(b) 
Procedure.
(1) 
The Council, with or without a recommendation from the Planning Commission may, by resolution, and after a public bearing with notice in accordance with Section 12-36.04, revoke any variance for noncompliance with the conditions set forth in granting such variance, or for failure to utilize the variance within the time limit provided. Written notices of intention to revoke shall be mailed to the owners of the property and the occupant of the property not less than 30 days before the Council's action in the revocation of the variance. This shall not apply to the revocation of variances under Section 12-36.07(b).
(2) 
If at any time, when a variance has been granted, it comes to the attention of the Planning Commission that erroneous facts or information were presented by the applicant and considered by the Planning Commission in the granting of the variance, the Planning Commission shall hold a hearing thereon. The persons affected by the variance shall be notified of the hearing. If from the evidence presented to the Planning Commission that erroneous information was in fact presented by the applicant to and considered by the Planning Commission and that the erroneous information did materially affect the decision and judgment of the Planning Commission in granting the variance, then the Planning Commission shall recommend to the Council that the variance be revoked. Upon receipt of such a recommendation, the Council may revoke the variance in accordance with subsection (a) of this section.
(Prior Code § 10-127.2(f))