The variance provision is designed to allow the planning commission to adjust the regulations of this title in special cases where unusual physical features of the particular parcel involved would make a strict application of the zoning regulations unreasonable. Under no circumstances shall a variance be granted to permit a use of land or structure which is not otherwise permitted in the zone involved. Rezoning is the only legal means of changing permitted uses of land and buildings.

(Ord. 557 § 3 (part), 1985)

A.

A written application shall be filed with the planning commission through the building official.

B.

The application shall include the following:

1.

A description by lot and block of the property involved;

2.

The signature of the owner of the property concerned;

3.

Site plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such other data as may be required.

(Ord. 557 § 3 (part), 1985)

From the time of filing such application until the time of the planning commission's hearing, the application, together with all plans and data submitted, shall be available for public inspection in the office of the building official.

(Ord. 557 § 3 (part), 1985)

Before taking any action on the proposed variance, but within sixty days of the filing of the application, the planning commission shall hold a public hearing on the proposed variance. At least fifteen days before the hearing a public notice specifying the subject, time and place of the hearing shall be posted in three public places. In addition, at least fifteen days' notice of the time and place of the hearing shall be mailed to all parties in interest and to all property owners within six hundred feet of the property that is subject of the application; and, if the property described lies within a recorded subdivision, to all persons holding a legal interest in the property within that subdivision. The failure of any person to receive any notice required under this section, where the records of the city indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this section.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

The planning commission must find all three of the following conditions to exist in order to grant the variance:

A.

That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to the other properties in the same zone;

B.

That the strict application of the provisions of this title would result in practical difficulties or unnecessary pecuniary hardships;

C.

That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

The planning commission shall hear and consider evidence and facts from any person at the public hearing, or written communication from any person relative to the matter will be accepted.

(Ord. 557 § 3 (part), 1985)

A.

The planning commission shall render its decision within thirty days after the conclusion of the public hearing unless such time limit is extended due to additional consideration time being needed by the commission.

B.

The decision of the planning commission and the reasons therefore shall be entered into records of the commission.

(Ord. 557 § 3 (part), 1985)

Any variance approved by the planning commission shall expire unless the privilege granted is utilized within one year after the granting of the variance. Any permittee having an un-expired approval may apply for an extension of the time within which he may commence work under that approval when he is unable to commence work within the time required by this section. The planning commission may extend the time for action by the permittee for a period not exceeding one year upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than two times without an additional public hearing.

(Ord. 626 § 3 (part), 1988: Ord. 557 § 3 (part), 1985)

The planning commission may, in writing, suspend or revoke a variance approval issued under the provisions of this section whenever the approval is granted in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provisions of this code.

(Ord. 626 § 3 (part), 1988)