(A)   Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter may result from the strict and literal application of any of the provisions of this chapter, a variance may be granted as provided in this subchapter. All acts of the Commission and Council under the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases, as provided in this subchapter, and shall not be construed as amendments to the provisions of this chapter or the zoning maps.

   (B)   No variance shall be granted to authorize the use of land which is not in conformity with the use regulations specified for the district in which the land is located.

('61 Code, § 10-3.1401) (Ord. 231 N.S., passed - - ; Am. Ord. 69 C.S., passed 1-20-65)

   Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

('61 Code, § 10-3.1402) (Ord. 231 N.S., passed - - ; Am. Ord. 103 C.S., passed 3-1-67)

   Applications for variances shall be made in writing to the Commission on forms prescribed by the Commission. The application shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city. Copies of all notices, reports, and actions pertaining to the application shall be attached.

('61 Code, § 10-3.1403) (Ord. 231 N.S., passed - - ; Am. Ord. 652 C.S., passed 3-6-96)

   Each application for a variance shall be accompanied by a fee in an amount as established by resolution of the City Council. The requirement of the filing fee shall not apply to public agencies.

('61 Code, § 10-3.1404) (Ord. 231 N.S., passed - - ; Am. Ord. 94 C.S., passed 7-5-66; Am. Ord. 323 C.S., passed 9-17-79)

   The application for a variance shall set forth in detail such facts as may be required by the Commission and as may relate to the conditions specified in § 10-3.1402 of this subchapter and shall be accompanied by:

   (A)   A legal description of the property involved and the proposed use, with plot plans showing locations of all proposed buildings or facilities as well as existing buildings and a description of the proposed use;

   (B)   A reference to the specific provisions of this chapter from which such property is sought to be excepted; and

   (C)   Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with such plans within 90 days from the date of granting the application.

('61 Code, § 10-3.1405) (Ord. 231 N.S., passed - - )

   The 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 purposes of this chapter and with previous amendments, variances, or modifications.

('61 Code, § 10-3.1406) (Ord. 231 N.S., passed - - )

   (A)   Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission, a public hearing shall be held on an application for a variance. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:

      (1)   By one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.

      (2)   Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll.

      (3)   In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

      (4)   Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

   (B)   The hearing shall be held pursuant to the rules for conduct established by the Planning Commission.

('61 Code, § 10-3.1407) (Ord. 231 N.S., passed - - ; Am. Ord. 618 C.S., passed 3-16-94)

   Public hearings for variance applications shall be held before the Commission at the time and place for which public notice has been given. The Commission may establish its own rules for the conduct of such hearing. Any such hearings may be continued, provided, prior to the adjournment or recess thereof, the presiding officer at such hearing announces the time and place to which such hearing will be continued.

('61 Code, § 10-3.1408) (Ord. 231 N.S., passed - - )

   Within 30 days after the conclusion of the public hearing thereon, the Commission shall grant the variance with such conditions as it deems necessary or shall deny the variance. In the event of the granting of a variance, the Planning Director shall notify the applicant therefor of such granting in writing, and such variance shall be effective upon execution by the applicant of an acceptance thereof and agreement to abide by all the conditions attached thereto.

('61 Code, § 10-3.1409) (Ord. 231 N.S., passed - - ; Am. Ord. 103 C.S., passed 3-1-67)

   Any applicant for a variance aggrieved by the action of the Commission upon such application may appeal the decision of the Commission to the Council. Such appeal shall be made within ten calendar days after receipt of notice of the action of the Commission and shall be submitted in writing to the City Clerk. Thereafter, the Council may affirm, modify, or reverse the decision of the Commission as it deems fit. Failure of the Council to take action upon such appeal within 30 days after consideration of any such appeal at a Council meeting shall constitute an affirmance of the action of the Commission unless specifically otherwise stated by minute order of the Council before the expiration of such 30-day period.

('61 Code, § 10-3.1410) (Ord. 231 N.S., passed - - ; Am. Ord. 103 C.S., passed 3-1-67)

   If the use authorized by any variance is or has been unused, abandoned, or discontinued for a period of six months, or if the conditions of the variance have not been complied with, the variance shall become null and void and of no effect; excepting that where construction of buildings, structures, and/or facilities is necessary, work on such construction shall be actually commenced within the aforesaid six-month period and shall be diligently prosecuted to completion; otherwise the variance shall be automatically null and void and of no effect.

('61 Code, § 10-3.1411) (Ord. 231 N.S., passed - - )