Where practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions thereof, a variance may be granted as provided in this article; provided, however, such procedure may not be used to change the use of land. The granting of any variance, when conforming to the provisions of this article, is hereby declared to be an administrative function of the Commission and shall be final and conclusive, except in the event of an appeal as provided in this article.

(§ 15.01, Ord. 363)

Applications for variances shall be made to the Commission on forms supplied by the Planning Administrator and shall be accompanied by a fee, as set forth in Article 37 of this chapter, and statements, plans, elevations, and other information as indicated on such forms.

(§ 15.02, Ord. 363, as amended by § IV (A), Ord. 489-C.S., eff. October 14, 1987)

The Commission shall hold a public hearing on each application for a variance, and notice of such hearing shall be given as set forth in Section 9-4.3302 of Article 33 of this chapter.

(§ 15.03, Ord. 363)

(a)

The Commission shall grant a variance only when all of the following findings are made:

(1)

That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

(2)

That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the subject property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the area;

(3)

Where applicable, that the application is consistent with the City's adopted Design Guidelines; and

(4)

If located in the Coastal Zone, that the application is consistent with the applicable provisions of the Local Coastal Plan.

(b)

On the basis of such findings, the Commission may grant, conditionally grant, or deny the application for a variance.

(c)

In granting any variance, the Commission shall impose such conditions as will ensure 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 situated.

(§ 15.04, Ord. 363, as amended by § IV (B), Ord. 489-C.S., eff. October 14, 1987; § 17, Ord. 825-C.S., eff. November 8, 2017; § 12, Ord. 854-C.S., eff. February 26, 2020)

In the event the applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a variance, he may appeal to the Council. Such appeal shall be governed by the procedures set forth in Section 9-4.3208 of Article 32 and accompanied by a fee as set forth in Section 9-4.3602 of Article 36 of this chapter.

(§ 15.05, Ord. 363, as amended by § 1, Ord. 458, § 11, Ord. 444-85, eff. June 12, 1985, § IV (C), Ord. 489-C.S., eff. October 14, 1987, and § 8, Ord. 630-C.S., eff. August 24, 1995)

Variances granted in accordance with the provisions of this chapter shall become null and void if not exercised within one year after the effective date of such variance or if the structure for which the variance was granted has been removed or demolished. The variance shall not become null and void if:

(a)

A building permit has been issued by the Chief Building Official and construction has been started on the site and diligently pursued toward completion; or

(b)

A certificate of occupancy has been issued by the Chief Building Official for the site or structure for which the variance was issued.

(§ 15.06, Ord. 363, as amended by § IV (D), Ord. 489-C.S., eff. October 14, 1987)

Variances may be renewed for an additional period not to exceed one year provided, prior to the expiration of the variance, an application for renewal is filed with the Commission. The Commission may grant or deny the application for renewal.

(§ 15.07, Ord. 363, as amended by § IV (E), Ord. 489-C.S., eff. October 14, 1987)

(a)

Violations. Any variance granted pursuant to the provisions of this article may be revoked if any of the conditions or terms of such variance are violated or if any law is violated in connection therewith.

(b)

Hearings: Notices. The Commission shall hold a public hearing on the proposed revocation of such variance after giving written notices to the permittee and to the owners of adjacent property, as set forth in Section 9-4.3302 of Article 33 of this chapter, at least ten (10) days prior to the hearing and shall submit its recommendations to the Council. The Council shall act thereon within thirty (30) days after the receipt of the recommendations of the Commission.

(§§ 16.01, 16.02, and 16.03, Ord. 363, as amended by § IV (F), Ord. 489-C.S., eff. October 14, 1987)