The purpose of variances is to vary or modify the strict application of any of the provisions of this chapter when the strict application would deprive the property of privileges enjoyed by other property in the same vicinity and zone but not to permit those uses not permitted by the zone.

(§ 3, Ord. 84-593, eff. January 3, 1985)

(a)

Any person requesting a variance shall be the legal owner or the legal representative of the owner of the property and shall file an application with the Planning and Development Agency.

(b)

The applicant shall present adequate evidence showing:

(1)

That there are special circumstances applicable to the property under which the strict application of the provisions of this chapter would deprive the property owner of privileges enjoyed by other property owners in the vicinity;

(2)

That the special circumstances do not apply generally to other properties in the same zone;

(3)

That the variance is necessary for the preservation and enjoyment of the substantial property rights of the applicant;

(4)

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

(5)

If any exceptions from the provisions of this code which implement the SRA Fire Safe Regulations are requested, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of this Title will be met; and

(6)

Shall include a statement of the intent of the applicant to proceed with the use within nine (9) months after the issuance of the variance.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-762, eff. October 3, 1991)

The Planning Director shall determine if an application for a variance is complete within thirty (30) days after the receipt of the application.

If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989)

The Zoning Administrator shall investigate each application for a variance to assure that the proposal in each application is consistent with the intent and purposes of the provisions of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985)

(a)

Notices. The Zoning Administrator shall hold a public hearing on each application for a variance and shall give notice of such hearing as set forth in Article 11.5 of this chapter.

(b)

Hearings. The Zoning Administrator may hear facts from any person appearing and may consider written communications relative to the application.

(c)

Decisions. The Zoning Administrator, within forty (40) days after the close of the hearing, shall make a decision, unless an extension is granted for good cause or with the mutual consent of the applicant.

(d)

Findings. In granting a variance the Zoning Administrator shall make the following findings:

(1)

That there are special circumstances applicable to the property under which the strict application of the provisions of this chapter would deprive the property of privileges enjoyed by other property in the vicinity and that such circumstances do not apply generally to other properties in the same zone;

(2)

That the variance is necessary for the preservation and enjoyment of the substantial property rights of the applicant;

(3)

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 general welfare;

(4)

That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone;

(5)

If any exceptions from the provisions of this code which implement the SRA Fire Safe Regulations are requested, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of this title are met; and

(6)

That the variance will not permit uses not permitted by the zone.

(e)

Conditions. The Zoning Administrator, in granting any variance, may require conditions under which the variance will be granted. Any such condition, as required, shall be complied, and the violation of such conditions shall result in the revocation of the permission granted by the variance, and shall be considered a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

All variances shall carry the following conditions:

(1)

That the necessary work commence within nine (9) months and the completion of the work within eighteen (18) months;

(2)

That any work done shall conform with the approved plans as specified in the variance; and

(3)

That the violation of any such condition shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by s 4, Ord. 85-607, eff. June 13, 1985, § 1, Ord. 91-762, eff. October 3, 1991, and § 1, Ord. 94-828, eff. March 31, 1994)