A.
It is the purpose of this chapter to authorize, in specific cases, variances from the provisions of the land use regulatory ordinances of the City.
(Ord. 2741 § 4 (part), 2024)
A.
The Hearing Examiner shall consider all requests for variances. Variances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist:
1.
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located.
2.
The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located.
3.
The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated.
4.
The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan.
5.
The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity.
6.
The need for the variance is not the result of deliberate actions of the applicant or property owner.
7.
If the proposal is a variance from the requirements of Title 19 (Sign and Visual Communication Code), the granting of such variance shall result in greater convenience to the public in identifying the business location for which a variance is sought.
(Ord. 2741 § 4 (part), 2024)
A.
In authorizing the variance, the Hearing Examiner may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest.
(Ord. 2741 § 4 (part), 2024)
A.
A variance so authorized shall become void after the expiration of one (1) year or a longer period as specified at the time of the Hearing Examiner action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the Hearing Examiner may extend the period of variance authorization without a public hearing for a period not to exceed twelve (12) months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval.
(Ord. 2741 § 4 (part), 2024)
A.
Under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this Title in said zone.
B.
Under no circumstances shall the Hearing Examiner grant a variance to allow a sign type that is prohibited by the terms of Title 19 (Sign and Visual Communication Code).
(Ord. 2741 § 4 (part), 2024)