14.20.180 Variance Permits.
(a) Intent. A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property.
(b) Permit Application. An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned.
(1) The application shall contain the following:
(A) A legal description of the property involved;
(B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required.
(C) A nonrefundable deposit/advertising fee as set forth in the City’s schedule of fees adopted by the City Council.
(c) Review Criteria. The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit.
(1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district.
(2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience.
(3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located.
(4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure.
(5) The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district.
(d) Public Hearing. The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall pay a nonrefundable fee as set forth in the City’s schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice.
(e) Permit Expiration and Extension. An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension.
(f) A proposed variance permit shall not be considered if a substantially similar variance permit has been considered and denied within the nine (9) months immediately preceding.
(Ords. 925, 987, 1033, 1155, 1459-91, 2349-2008, 2528-2011)