The following regulations shall apply to the granting of variances and zone changes.

(Ord. 55 § 18.00, 1980)

When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation of any of the provisions of this title, the planning commission upon its own motion may, or upon the verified application of any interested person shall, in specific cases initiate proceedings for the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to assure that the spirit and purposes of this title will be observed, public safety and welfare secured, and substantial justice done. All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or map.

(Ord. 55 § 18.01, 1980)

Before a variance may be granted, all of the following shall be shown:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone and vicinity;

B.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located;

C.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity;

D.

That the granting of such variance will not adversely affect the comprehensive general plan.

(Ord. 55 § 18.02, 1980)

Applications for variances shall be accompanied by:

A.

A plot plan and description of the property involved showing the location of all existing and proposed buildings. Additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission;

B.

A reference to the provisions of the ordinance from which such property is sought to be exempted.

(Ord. 55 § 18.03, 1980)

Whenever the public necessity, convenience, general welfare, or good zoning practice justify such action, the planning commission upon its own motion may, or upon the verified application of any interested person shall, initiate proceedings to amend, supplement or change the zones, regulations, or districts, established by this title.

With the exception of amendments changing property from one zone to another, or changing the boundary of any zone, amendments may be made in the same manner as this title was adopted.

(Ord. 55 § 18.04, 1980)

Applications for variances and changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Ord. 55 § 18.05, 1980)

Before accepting any application for filing, the city shall charge and collect appropriate fees, as adopted by resolution of the city council.

(Ord. 64 § 9, 1985: Ord. 55 § 18.06, 1980)

The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendment or variances.

(Ord. 55 § 18.07, 1980)

A.

Following the receipt on proper form of any such application for variance, use permit or appeal, the secretary of the planning commission shall give notice of application and hearing by publication in a newspaper of general circulation in the city, and by posting the notice in conspicuous places close to the property, such publication and posting to be completed not less than ten (10) days, nor more than thirty (30) days, before the date of the hearing.

B.

Following the receipt on proper form of any such application for change of zoning, the secretary of the planning commission shall give notice of application and hearing by publication in a newspaper of general circulation in the city, by posting the notice in conspicuous places close to the property, and by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed zoning change.

(Ord. 114, 1993: Ord. 64 § 10, 1985: Ord. 55 § 18.08, 1980)

Public hearings as provided for in this title shall be held before the planning commission at the time and place for which public notice has been given as hereinbefore required. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided that, prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time which such time shall not be in excess of thirty (30) days subsequent to the first regular meeting of the planning commission after its receipt of the application and place to which such hearing will be continued.

(Ord. 55 § 18.09, 1980)

Within thirty-five (35) days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard.

The planning commission shall announce and record its action by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.

Within five days after final decisions by the planning commission on an application for a variance or conditional use permit, notices of the decision in the matter shall be mailed to the applicant at the address shown upon the application and to persons requesting same.

The granting, either with or without conditions, or the denial of such application by the planning commission shall be final unless within ten (10) days after the decision by the planning commission, the applicant or any person aggrieved, shall appeal therefrom in writing to the city council by presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearing by the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not fewer than a majority of the members of the city council present.

No permit or license shall be issued for any use involved in an application for a variance or conditional use permit, until same shall have become final by reason of the failure of any person to appear or by reason of the action of the city council.

If the use authorized by any variances or conditional use permits is, or has been unused, abandoned, or discontinued for a period of six months, or complied with, the variance or conditional use permit shall become null and void and of no effect.

Within ten (10) days after final action by the planning commission on an application for amendments or changes of zone boundaries its recommendations together with the complete records of the case shall be delivered to the city council.

The city council after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not fewer than a majority of the members of the city council present.

No permit or license shall be issued for any use involved in an application for a change of zone until same shall have become final by the adoption of an ordinance.

(Ord. 55 § 18.10, 1980)