A variance to modify one or more zoning provisions of this Chapter may be granted where it is alleged that practical difficulties, unnecessary hardships and consequences inconsistent with the purpose of this Chapter would result from the strict and literal interpretation and enforcement of said zoning provisions. However, such variance shall not include an increase in the number of allowable residential units, the development of a nonpermitted use, a waiver or reduction of any required fee, or a waiver or alteration of any zoning procedure for applications, hearings and the like. Furthermore, any variance that is granted shall be subject to such conditions as will assure that the modification thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

In accordance with the provisions of this Article the Planning and Building Department Director or the Planning Commission shall have the authority to investigate and hear applications for variances to modify said provisions and thereafter grant in whole, or in part, or deny such applications.

Before any variance may be granted, findings establishing the factual existence of each of the following grounds must be made:

It is unlawful to conduct any activity or to use, operate, construct or maintain any facility contrary to any conditions or limitations imposed by a variance, and it shall be unlawful for anyone to conduct any activity or to use, operate, construct or maintain any facility permitted by a variance after said variance has expired or has been revoked.

Proceedings for a variance may be instituted by the filing of a verified application with the Planning and Building Department Director by the owner of the property affected, or an authorized representative thereof, stating fully the grounds for the application and the facts relied on together with a fee as specified in the Master Fee Schedule.

Upon the filing of an application for variance, the Planning and Building Department Director shall establish a date for the administrative hearing for variance. Such date shall be set not sooner than fifteen calendar days following the date of filing said application but not later than forty-five calendar days following the date of filing said application. The Planning and Building Department Director shall give public notice of his or her intention to consider the application for the variance by mailing a letter notice, not less than ten days prior to the date of said hearing, to the owners of the property that is the subject of the variance and to the owners of property within a five hundred foot radius of the exterior boundaries of the property that is the subject of the variance using for this purpose the last known name and address of such owners as shown upon the assessment roll of the County. Such public notice shall contain a description of the property under consideration, the nature of the variance requested and the time and place at which the public hearing on the matter will be held.

In the event the applicant wishes to amend his or her application to increase or alter the scope of the application for variance prior to the mailing of the public notice, the applicant shall submit an amended application to the Planning and Building Department Director. No additional fee shall be required; however, such amended application may cause a delay not to exceed an additional thirty calendar days in the setting of a date for the administrative hearing.

In the event such amended application is submitted after the mailing of the public notice, such amended application shall be accompanied by a fee as specified in the Master Fee Schedule. The Planning and Building Department Director shall set the matter for a new hearing after the mailing of a new public notice in the same manner as upon the original application. The Planning and Building Department Director shall not permit the applicant to file any such amendment after the close of the administrative public hearing or after an appeal has been made to the Planning Commission unless such request to file an amendment is first approved by the Planning Commission.

At the time and place stated in the public notice, a public hearing shall be conducted by the Planning and Building Department Director, or designee. At such time the applicant and any interested person may speak on the matter of the variance request or may submit written statements about same. Upon conclusion of all testimony being given, said Director or designee shall close the public hearing; however, in the event an amended application had been submitted, the hearing may be maintained as an open hearing and may be continued to the date set for the new hearing.

Not more than fifteen calendar days following the close of the administrative hearing, the Planning and Building Department Director shall announce his or her findings in writing. Said findings shall recite, among other things, the facts and reasons which, in the opinion of said Director, make the granting of the variance necessary to carry out the general purpose of this Chapter and, if the Director grants the variance, he or she shall also recite such conditions and limitations as may be imposed to serve the purpose of this Chapter and, if the Director grants the variance, the findings shall also recite that the requirements set forth in Section 12-97.1 have been met.

The applicant or any person may appeal the decision of the Planning and Building Department Director to the Planning Commission within ten calendar days after the findings and decision have been mailed to the applicant and/or posted on the City Hall bulletin board. The appeal may be made by filing a written notice of appeal in letter form with the Planning and Building Department Director together with an appeal fee as specified in the Master Fee Schedule. If no appeal is filed within said ten days, the decision of the Planning and Building Department Director shall be final.

If an appeal has been filed, the matter shall be set for public hearing before the Planning Commission by the Planning and Building Department Director by mailing a letter of notice to the applicant, the appellant, the subject property owner and the owners of surrounding property in accordance with the provisions for notification specified in Section 12-97.4. Such notice shall contain a description of the property under consideration, the nature of the variance requested, a summary of the action of the Planning and Building Department Director and the fact that an appeal was filed, and the time and place at which the public hearing on the matter will be held by the Planning Commission. Said notice shall be given not less than ten calendar days prior to the date of said hearing.

The Planning Commission shall hear the appeal at the time and place set forth in said notice and may continue said hearing from time to time for the purpose of considering further evidence.

Not more than forty calendar days following the close of the hearing, the Planning Commission shall announce its decision. The Commission shall announce its findings and determination by formal resolution and said resolution shall recite among other things, the facts and reasons which, in the opinion of the Commission, make the granting of the variance necessary to carry out the provisions of this Article and the general purpose of this Chapter: and, if the Commission determines that the variance be granted, the resolution shall also recite such conditions and limitations the Commission determines be imposed to serve the purpose of this Chapter; and, if the Commission determines to grant the variance, the findings shall also specifically recite how the requirements set forth in Section 12-97.1 have been met. The determination by the Planning Commission shall be deemed final and may not be appealed to the City Council.

Within ten calendar days after a determination of the Planning and Building Department Director or within ten calendar days after final action of the Planning Commission becomes final, said Director shall report the action of the Director or of the Commission, as the case may be, to the City Council and mail a copy of the report to the applicant. The requirements of this Section with reference to reporting to the City Council may be satisfied by filing a copy of the resolution of the Planning Commission or the determination of the Planning and Building Department Director with the City Clerk for presentation to the City Council at its next regular meeting.

Following the denial or revocation of a variance, no new application for a variance for the same or substantially the same modification to the regulations of this Chapter, on the same or substantially the same site, shall be filed within one year from the date of denial or revocation of said variance.

The Planning and Building Department Director or the Planning Commission may establish a time limit within which the subject property shall be developed or improved to comply with all conditions of the variance. A variance shall become null and void if not fully exercised within the time specified or, if no date is specified, within one year following the date on which the approval of the variance becomes effective. The Planning and Building Department Director or the Planning Commission may grant one extension to any time limit not to exceed an additional ninety days provided a written request for such extension is received by said Director prior to the expiration of said time limit.

The conduct of any activity or the use, operation, construction, maintenance or removal of any facility in violation of any of the conditions of a variance or of any statute, law, ordinance or other applicable regulation shall be grounds for revocation of said variance. The Planning and Building Department Director shall set a date for public hearing before the Planning Commission and at such time said Commission may revoke the variance, citing the reasons therefor. Notice of such hearing shall be made in the same manner as required for a variance application. Unless otherwise specified by the Commission, all activities or facilities permitted by the variance shall cease and/or be removed not later than sixty calendar days following the date of determination of the Commission to revoke the variance. The determination of the Planning Commission shall be deemed final and may not be appealed to the City Council.

Any exception to the zoning regulations heretofore granted shall be considered to be a variance and shall conform to all provisions of this Article.