Where practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of this chapter may result from the strict application of certain area, height, yard and space requirements thereof, variances in which requirements may be granted as provided in this article.

(`61 Code, § 25.15.1) (Ord. 915, passed 6-20-2000)

   Application for variance shall be made to the Director of Finance in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee, to be fixed by resolution of the City Council, plus costs, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing:

   (A)   There are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings or uses in the district;

   (B)   The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

   (C)   The granting of the application 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 property of the applicant, 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 neighborhood.

(`61 Code, § 25.15.3) (Ord. 915, passed 6-20-2000)

   A public hearing shall be held within 60 days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the city and/or by posting notice on the property involved or adjacent thereto at least ten days prior to the hearing.

(`61 Code, § 25.15.5) (Ord. 915, passed 6-20-2000)

   Following the public hearing the Planning Commission shall make a written finding of facts showing whether the qualifications under § 25.151 apply to the land, building or use for which variance is sought and whether the variance shall be in harmony with the general purposes of this chapter. The written finding of facts shall be submitted to the City Council.

(`61 Code, § 25.15.7) (Ord. 915, passed 6-20-2000)

   The City Council shall consider the variance application within 60 days after receipt of the Planning Commission report and if the Council finds that the qualifications under § 25.151 apply to the land, building or use for which variance is sought and that the variance is in harmony with the general purposes of this chapter, the Council shall by resolution grant the variance. The City Council may designate conditions and guarantees in connection with the variance to secure the purposes of this chapter.

(`61 Code, § 25.15.9) (Ord. 915, passed 6-20-2000)

   (A)   In any case where the conditions of granting of a variance have not, or are not complied with, the City Council shall give notice to the permittee of intention to revoke the variance at least ten days prior to hearing thereon. After conclusion of the hearing, the Council may revoke the variance.

   (B)   In any case where a variance has not been used within one year after the date of granting thereof then, without further action by the Council, the variance granted shall be null and void.

(`61 Code, § 25.15.11) (Ord. 915, passed 6-20-2000)