The Planning Commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application this Title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the Zoning Ordinance is provided by the conditional use, planned unit development and amendment provisions of this Code. (Ord. 527, 8-4-1997)

The Planning Commission may grant variances to the regulations prescribed by this Code only with respect to fences and walls, site areas, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, lot coverage, distances between structures, off- street parking facilities and off-street loading facilities. (Ord. 527, 8-4-1997)

   A.   Application for a variance shall be made to the Planning Director which shall include the following data:

      1.   Name and address of applicant.

      2.   Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

      3.   Address or description of property.

      4.   Statement of the precise nature of the variance requested and why approval is necessary under the purpose described in Section 11-24-1 of this Chapter, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 11-24-6 of this Chapter.

   B.   The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

   C.   A drawing of the site and surrounding area, showing all surrounding properties within three hundred feet (300') of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of Kings County. County Assessor's maps may be used for this purpose.

   D.   The application shall be accompanied by a fee set by resolution of the City Council.

   E.   The Planning Director shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party. (Ord. 527, 8-4-1997)

The Commission shall hold a public hearing in accordance with the provisions of Chapter 19 of this Title. (Ord. 527, 8-4-1997)

At a public hearing, the Commission shall review the application and the statements and drawings submitted therewith and shall review pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 11-24-6 of this Chapter. (Ord. 527, 8-4-1997)

   A.   The Commission shall act on the application within thirty (30) days after the close of the public hearing. The Commission may grant a variance to regulations prescribed by this Code, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the Commission makes the following findings:

      1.   That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of the other properties classified in the same zoning district.

      2.   That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.

   B.   The Commission may grant a variance to a regulation prescribed by this Title, with respect to off-street parking facilities or off-street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the Commission makes the findings prescribed in subsection A of this Section and the following additional findings:

      1.   That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

      2.   That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

      3.   That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this Title.

   C.   In approving a variance, the Commission shall add such conditions of approval as the Commission deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under Section 11-24-1 of this Chapter.

   D.   A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. The Commission may deny a variance application.

   E.   A variance shall become effective ten (10) days following the date on which the variance was granted by the Commission unless an appeal has been taken to the City Council. (Ord. 527, 8-4-1997)

   A.   Within fifteen (15) days following the date of a decision by the Planning Commission on a variance application, the decision may be appealed in writing to the City Council by the applicant or any other interested party. An appeal shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.

   B.   Within five (5) days of the filing of an appeal, the Planning Director shall transmit to the City Clerk the variance application, the scale drawing of the site and all other data filed therewith and the minutes of the public hearing, report of the Planning Department, the findings of the Commission and its decision on the application for review and action.

   C.   The City Clerk shall cause notice to be given to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the City Council. (Ord. 527, 8-4-1997)

   A.   The City Council shall hear the appeal at its next regular meeting following a period of ten (10) days after the filing of the appeal. The City Council may affirm, reverse or modify a decision of the Planning Commission on a variance application, provided that if a decision denying a variance is reversed or a decision granting a variance is modified, the City Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in subsections 11-24-6A, B and C of this Chapter, when applicable.

   B.   A variance which has been the subject of an appeal to the City Council shall become effective immediately following the date on which the variance is granted by the Council. (Ord. 527, 8-4-1997)

The issuance of a building permit shall be governed by the provisions of Chapter 19 of this Title. (Ord. 527, 8-4-1997)

A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application. A variance may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the variance originally became effective, an application for renewal of the variance is made to the Planning Commission. The Commission may grant or deny an application for renewal of a variance. (Ord. 527, 8-4-1997)

The revocation of a variance approval shall be governed by the provisions of Chapter 19 of this Title. (Ord. 527, 8-4-1997)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six (6) months of the date of denial of the variance application or revocation of the variance. (Ord. 527, 8-4-1997)