The intent and purpose of this chapter is to establish regulations
and procedures applicable to unusual uses of land where the circumstances
and conditions require special attention, and where the application
of this title during the course of the administration and enforcement,
results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
Regulations governing permits for variances from the provisions
of this title shall be as set forth in this chapter.
(Prior code § 9213.06)
The intent and purpose of this chapter is to recognize that
the uniform administration and enforcement of the provisions of this
title may result in creating inconsistencies with its general intent
and purpose. It is also the intent and purpose of this chapter to
provide a means by which a variance from the provision of this title
may be determined, and to prevent discrimination and special privileges
not otherwise shared or enjoyed by other property in the same vicinity
and zone. The intent and purpose of this chapter is to be only concerned
with the inconsistencies created through the administration and enforcement
of those regulations governing the physical development of property,
and shall not in any manner apply to uses of land.
(Prior code § 9213.06 (A))
Whenever the strict and literal administration, enforcement
and interpretation of regulations governing the physical development
of property, as set forth in this title, create practical difficulties,
unnecessary hardships, or inconsistencies therewith, the planning
commission and zoning administrator shall have the authority, subject
to the provisions of this chapter, to grant, upon such conditions
as may be determined, such a variance from the provisions thereof
as may be in harmony with the general intent and purpose of this title,
to protect the public health, safety, environment and welfare.
(Prior code § 9213.06 (B))
Prior to the granting of any variance permit or minor variance
permit, the planning commission and zoning administrator shall first
determine the requirements for qualification by making all the following
findings of fact:
A.
That
there are exceptional and extraordinary circumstances and conditions
which apply to the property involved or affect the intended use thereof
that do not generally apply to other property or uses thereof in the
same vicinity and zone classification;
B.
That,
owing to such exceptional and extraordinary circumstances and conditions,
the strict and literal enforcement of specified regulations of the
zoning code would result in practical difficulty or unnecessary hardship
not created by or attributable to the applicant or the owner of the
property involved;
C.
That
such variance is necessary for the preservation and enjoyment of a
substantial property development right possessed by other property
in the same vicinity and zone classification but which is denied to
the property involved;
D.
That
the granting of such variance will not be materially detrimental to
the public health, safety, environment and general welfare, or materially
injurious to other property, improvements or uses in the same vicinity
or zone classification;
E.
That
the granting of such variance will be in harmony with and will not
adversely affect the provisions of the zoning code and general plan.
(Prior code § 9213.06 (C))
The zoning administrator, prior to accepting an application
for a variance permit or minor variance permit, shall determine whether
or not a statement of environmental impact is to be required pursuant
to the rules, guidelines or regulations duly adopted by the city council
which are currently in effect.
(Prior code § 9213.06 (D))
The zoning administrator may issue a variance permit approved
by the planning commission and a minor variance permit on his or her
own approval which comply with the provisions of this chapter, on
forms prescribed by the zoning administrator, and may require additional
terms and conditions of permit issuance considered necessary to assure
the integrity of the permit and property in the area, vicinity and
zone classification, and to be certain that such permit is not discriminatory
or in effect granting a special privilege not otherwise shared. A
variance permit and minor variance permit approved by the planning
commission and zoning administrator respectively, shall take effect
upon such approvals and shall be exercised within thirty days thereafter
or such permits shall expire and automatically become null and void.
Should, at any time during the period which such permits are in effect,
the zoning administrator find that performance thereof is in violation
of the provisions of this chapter and/or terms and conditions subject
thereto, he or she shall forthwith by declaration serve notice of
violation thereof and shall revoke same.
(Prior code § 9213.06 (G))
