Prior legislation: Ord. 426.
Whenever practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title and PVEMC Title 18 occur through a strict interpretation of their provisions, the planning commission or city council upon its own motion may, or upon the verified application of any property owner or owners shall, in specific cases initiate proceedings for the granting of a variance from the provisions of this title and PVEMC Title 18 under such conditions as may be necessary to assure that the spirit and purpose of this title and PVEMC Title 18 will be observed, public safety and welfare secured, and substantial justice done. All acts of the planning commission and city council under this chapter shall be construed as administrative acts for the purpose of assuring that the intent and purpose of this title and PVEMC Title 18 shall apply in special cases, as provided in this chapter, and shall not be construed as amendments to the provisions of this title and PVEMC Title 18 or the zoning map.
(Ord. 84 § 8.1, 1948; Ord. 700 § 2 (Exh. 1), 2012)
Application for variance shall be made in writing, on forms provided by the city for that purpose. The commission, from time to time, shall prescribe the information to be provided thereon. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and there shall be attached to each such application copies of all notices and actions pertaining thereto. A uniform fee shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings. The fee shall be fixed by the city council by resolution. Each application shall immediately be referred to the commission for hearing as provided in this chapter.
(Ord. 84 § 8.3, 1948; Ord. 337 § 1, 1978; Ord. 424 § 1, 1986; Ord. 700 § 2 (Exh. 1), 2012)
The application for variance shall set forth in detail such facts as may be required by the planning commission, and shall be accompanied by:
A. 
Legal description of the property involved and the proposed use, with complete plans and also ground plans and elevations of all proposed buildings, and locations of existing buildings; also description of the proposed use;
B. 
A reference to the specific provisions of this title and PVEMC Title 18 from which such property is sought to be excepted;
C. 
The names and addresses of all property owners within three hundred feet from the exterior limits of the property involved, as shown by the latest assessment roll of the county;
D. 
Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with the plans within six months from the date of filing the application.
(Ord. 84 § 8.4, 1948; Ord. 700 § 2 (Exh. 1), 2012)
The planning commission or city council, as the case may be, may grant a variance only if the following findings are made:
A. 
That there are special circumstances or conditions attached to the property, which do not apply generally to other properties in the same district;
B. 
That the granting of such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district but which are denied the property in question;
C. 
That the granting of the variance will not result in material damage or prejudice to other property in the vicinity, nor be detrimental to the public safety or welfare;
D. 
That the variance does not grant special privilege to the applicant; and
E. 
That the variance request is consistent with the general plan.
(Ord. 598 § 6, 1996; Ord. 700 § 2 (Exh. 1), 2012)