Applications for variances from the strict application of the provisions of this chapter may be made and variances granted when the following circumstances are found to apply:

(a)

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situate; and

(b)

That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning provisions is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical district classification.

The use of lands or buildings not in conformity with the nature of uses specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the provisions of this chapter.

(§ I, Ord. 623, eff. July 17, 1974)

Applications for variances shall be made in writing by the owners of the property, or their agents, on forms prescribed by the Planning Department. Lessees, purchasers in escrow, optionees, or other persons may act as agents upon filing with the application a copy of an instrument signed by the owner and designating such agent. The application shall be accompanied by a fee set by the Board (refer to Article 16 of this chapter), a plan of the details of the variance requested, and evidence showing:

(a)

Justification for the variance meeting the provisions of subsections (a) and (b) of Section 106.1301 of this chapter; and

(b)

That the granting of the variance will not be contrary to the intent of this chapter or to the public safety, health, and welfare.

(§ I, Ord. 623, eff. July 17, 1974, § I, Ord. 92-12, eff. April 28, 1992, and § I, Ord. 94-07, eff. April 14, 1994)

If the Planning Director shall find that the qualifications set forth in Section 10-6.1301 of this article apply to the land, building, or use for which the variance is sought and that such variance is in accordance with the intent of this chapter, the Planning Director may grant all or part of the variance sought

(§ I, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-12; eff. April 28, 1992)

An administrative review shall be conducted upon any variance application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within 300 feet of the parcel upon which the variance is requested.

(§ I, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-12, eff. April 28, 1992)

Variances shall not be issued until ten (10) days have elapsed from the granting thereof and, in the event an appeal is filed pursuant to the provisions of Article 14 of this chapter, shall not be issued until a decision thereon shall have been made by the Planning Commission Board.

(§ I, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-12, eff. April 28, 1992)

Variances shall not have any force and effect until the permittee acknowledges the receipt thereof and the acceptance of any conditions thereto.

(§ I, Ord. 623, eff. July 17, 1974)