The granting of a variance is a discretionary act which allows a variation or departure from the strict application of the regulations, other than permitted use, of any particular zone. The variance procedure is established to provide for reasonable use of a property having unique characteristics by virtue of its size, shape, topography, location or surroundings. The purpose of the variance is to bring a particular property up to parity with other property in the same zone and vicinity, insofar as reasonable use is concerned, it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The variance may not be used to correct improper zoning. It is the purpose of this chapter to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case should a variance be granted to permit a use other than a use permitted in the zone in which the subject property is located.

Variances may be granted for any regulation pertaining to a particular zone except for permitted uses, and except as provided by this title.

After the public hearing the Planning Commission may, by resolution, grant a variance if the commission finds, from the evidence presented in the application or at the public hearing, the following facts are found:

Upon filing a valid appeal, the City Clerk shall set the matter for public hearing in the manner prescribed by the City Council. The City Clerk shall send the Community Development Department a duplicate copy of the appeal and request the Community Development Department to transmit to the City Council a copy of its decision and findings, minutes of the hearing, all other maps, exhibits and other evidence upon which the Planning Commission made its decision.

Unless specified elsewhere in this title or in the resolution granting a variance, the variance applies to the subject property for an indefinite time and is transferable to any future owner of subject property under the same conditions imposed at the time of granting.

Any approval of a variance shall expire within one year of such approval, except where construction or use of the property in reliance on such variance approval has commenced prior to its expiration. If construction and use of the property in reliance on a variance approval has not commenced within the one-year period, such period may be extended by the Planning Commission or City Council for a period not exceeding six months for each application, up to a maximum of two years from the date of original approval.

An application for an extension of time shall be made no sooner than sixty days and no later than thirty days prior to the expiration date of original approval. If the Planning Commission or City Council has not acted on an extension application prior to the project expiration date, the applicant shall not be deemed not to have expired until the time when the extension application has been acted upon. Application for an extension of a variance shall be in accordance with requirements established by the Community Development Department.

The Community Development Department shall review and evaluate the requested extension of a variance. Within thirty days of receipt of the application, the Community Development Department shall set the item for public hearing for Planning Commission or City Council consideration.

The Community Development Department shall be authorized to grant an adjustment of up to ten percent of any development standard listed in this code, excluding density, parking and height requirements.