ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. The purpose of a Variance is to authorize development of a project which does not meet the standards and/or regulations of Title 10, except that a Variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone.
• (b) Criteria. Variances from the standards and regulations of this chapter shall be granted only when:
• (1) There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning provisions deprives such property of privileges enjoyed by other property in the vicinity and under identical zone designation;
• (2) Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and
• (3) The granting of a Variance shall not be contrary to the objectives of the Comprehensive General Plan.
• (c) Application.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.
• (d) Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:
• (1) Existing topography and proposed grading;
• (2) Existing trees with a trunk diameter of six (6) inches or greater;
• (3) All buildings and structures, and the uses within each room;
• (4) Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;
• (5) Exterior lighting;
• (6) Easements;
• (7) Off-street parking areas, including the stall striping, aisles, and driveways;
• (8) The lot dimensions;
• (9) Setbacks and spaces between buildings;
• (10) Walls, fences, and landscaping and their location, height, and materials;
• (11) Landscaping areas;
• (12) Trash and recycling facilities;
• (13) The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;
• (14) The location, dimensions, and design of all signs;
• (15) A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four (4) feet;
• (16) Such other data as may be required to demonstrate that the project meets the criteria.
• (e) Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.
• (f) Notice of public hearing before the Planning Commission. The notice of the public hearing before the Planning Commission shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (g) Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for a Variance shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):
• (1) A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
• (2) The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.
• Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.
• (h) Notice of public hearing before the City Council. Notice of public hearing before the City Council to consider an appeal of the decision of the Planning Commission shall be given pursuant to subsection (f) of this section.
• (i) Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.
• (j) Expiration. A Variance shall become null and void unless vested within thirty-six (36) months after the date of the public hearing at which the vote was taken. Such time limit may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection F of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.
• (k) Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Variance issued on one or more of the following grounds:
• (1) That the approval was obtained by fraud or misrepresentation;
• (2) That the use for which such approval was granted has ceased for a period of at least eighteen (18) consecutive calendar months;
• (3) That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;
• (4) That there has not been substantial compliance with the terms and conditions of the approval;
• (5) That exercise of the approval violates any State, Federal or local statute or regulation;
• (6) That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;
• (7) That exercise of the rights under the approval constitutes a nuisance.
• At any hearing on revocation or modification the permittee and any other person whose property rights are affected by revocation, modification, or continuance of the exercise of rights under the approval, shall have the right to produce any arguments and introduce any evidence in support of their position.

(Ord. 2756 c.s., eff. January 18, 1996)

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