The Planning Commission, after public hearing thereon, may grant a variance from the strict application of the terms of this Title if all of the following findings have been found to be true:

No variance shall be granted to permit a use or activity not otherwise expressly authorized by this Title for the particular zone in which the land is situated. (Ord. 89-1 § 1, 1989.)

Variance applications shall be made in such written form as is prescribed by the Planning Commission, shall be filed with the City Clerk, and shall be accompanied by a fee as is hereafter fixed by City Council resolution. The application shall be signed by all of the owners of the premises involved, or a duly authorized representative, and shall be accompanied by plans showing all the details of the variance requested. The application shall contain a statement of the existing use, as well as a statement of the particular facts demonstrating that each one of the mandatory conditions for the granting of a variance set forth in Section 19.84.010 are in fact true. (Ord. 89-1 § 1, 1989.)

The Planning Commission shall, after at least ten days’ prior notice duly given, hold a public hearing on each variance application, and shall hear all persons interested in the application and may continue the hearing for the taking of additional evidence. The variance may be revocable, may be granted for a limited period of time, may be granted subject to such conditions as the Planning Commission may prescribe, or may be denied. The Planning Commission shall not grant any variance application with reference to any building, structure, land or premises not described in the application. Such action shall be by resolution of the Planning Commission. The Planning Commission shall not grant any application unless it is found that each one of the mandatory findings for the granting of the variance set forth in Section 19.84.010 are in fact true. (Ord. 89-1 § 1, 1989.)

The applicant or any interested resident or property owner may file an appeal with the City Council from any denial, approval or conditional approval of any variance application by the Planning Commission. Such appeal shall be in writing, and shall be filed not later than the seven calendar days following the Planning Commission action. Appeals shall set forth the alleged inconsistency or nonconformity with the standards set forth in Section 19.84.010, and shall, except if the appeal is by a member of the City Council, be accompanied by a filing fee as is hereafter fixed by City Council resolution. The secretary shall, not less than ten days prior to the date set for the Council hearing on the appeal, give written notice to the appellant, or his representative, and all residents and property owners within a 300-foot-wide radius of the subject property of the time and place of the hearing. The City Council shall, after at least ten days’ notice, hold a public hearing on the appeal, and shall affirm, reverse, remand, or modify the decision of the Planning Commission and in so doing shall be subject to the same mandatory conditions for the granting of a variance as set forth in Section 19.84.010. (Ord. 2008-4 § 5, 2008; Ord. 89-1 § 1, 1989.)

The City Clerk shall maintain an index of all Planning Commission and City Council actions on variance applications, showing the applicant’s name, premises location, the variance requested, and whether the application was granted or denied. No new application relating to the same premises and the same relief shall be filed for a period of one year following the Planning Commission’s determination, or the City Council’s determination should there be an appeal, unless such filing is first authorized by the Planning Commission on a showing of substantial change of circumstances. (Ord. 89-1 § 1, 1989.)

Any variance permit shall become void at the expiration of one year from its date unless the premises affected thereby shall have been used or occupied in conformity with such permit by that time, or unless the Planning Commission determines that the criteria of this Chapter would best be served by a different expiration date designated in the approval or conditional approval; provided, however, that such time may be extended by the Planning Commission after application by at least one of the owners of the premises involved or by a duly authorized representative, and after notice and hearing thereon as provided in this Chapter for the hearing of the original application, and on a showing of good cause for such extension. (Ord. 89-1 § 1, 1989.)