When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter result through the strict and literal interpretation and enforcement of the provisions of this chapter, the Community Development Director shall have the authority as an administrative act, subject to the provisions of this article, to grant, upon such conditions as he may determine, such variances from the provisions of this chapter as may be in harmony with its general purpose and intent so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(Prior code § 10-2.2801)

The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.

(Prior code § 10-2.2802)

Variances shall not be granted for parcels of property which variances authorize uses or activities which are not otherwise expressly authorized by the zone regulations governing such parcels of property.

(Prior code § 10-2.2803)

Before any variance may be granted by the Community Development Director, it shall be shown:

(a)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, including size, shape, topography, location, or surroundings;

(b)

That such exceptional or extraordinary circumstances of the subject property are not due to any action of the applicant subsequent to the application of the zoning regulations contained in this chapter;

(c)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;

(d)

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and

(e)

That the granting of such variance will not adversely affect the comprehensive General Plan.

(Prior code § 10-2.2804)

Any variance granted shall be subject to such conditions as will assure 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.

(Prior code § 10-2.2805)

The Community Development Director or Commission, after a public hearing held in the manner prescribed, may revoke or modify any variance issued on any one or more of the following grounds:

(a)

That the approval was obtained by fraud;

(b)

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

(c)

That the use for which such approval was granted is not being exercised;

(d)

That the variance granted is being or recently has been exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law, or regulation;

(e)

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance; and

(f)

That the continued exercise of the use for which approval was granted appears to be inimical to the public welfare.

(Prior code § 10-2.2806)

Any variance granted by the Community Development Director, Commission, or Council shall become null and void if not exercised within the time specified in such variance or, if no date: is specified, within six (6) months after the date of the approval of such variance.

(Prior code § 10-2.2807)

Not more than thirty (30) days following the public hearing on a variance, nor more than thirty (30) days following the filing of an application for a variance where no hearing is conducted, the Community Development Director shall announce his findings by formal report, and such report shall recite, among other things, the facts and reasons which, in his opinion, make the granting or denial of the variance necessary to carry out the provisions and general purposes of this chapter, and shall order that the variance be granted or denied, and, if such report orders that the variance be granted, it shall also recite such conditions and limitations as the Community Development Director may impose.

(Prior code § 10-2.2808)

The formal report of the Community Development Director announcing his findings and orders after a hearing on an application for a variance shall be numbered consecutively in the order of its filing and shall become a permanent record in the files of the Community Development Department.

(Prior code § 10-2.2809)

Not later than ten (10) days following the rendering of a decision ordering that a variance be granted or denied, a copy of the report shall be mailed to the applicant and/or his attorney, if any, at the address shown on the application filed with the Community Development Department.

(Prior code § 10-2.2810)

The action of the Community Development Director in granting or denying a variance shall become final and effective fifteen (15) days after the date of such action, unless within such fifteen (15) day period an appeal is filed with the Commission by any person dissatisfied with the decision of the Community Development Director. The filing of such appeal within such time limit shall stay the effective date of the order of the Community Development Director until such time as the Commission has acted on the appeal as set forth in this article.

(Prior code § 10-2.2811)

Within not to exceed thirty (30) days following the receipt of the written appeal, the Commission shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 10.08.4170 of Article 31 of this chapter.

(Prior code § 10-2.2812)

The Commission shall announce its findings and decision not more than thirty (30) days following the hearing and shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the granting or denial of the variance necessary to carry out the general purposes of this chapter and shall order that the variance be granted or denied or modified subject to such conditions or limitations as it may impose.

(Prior code § 10-2.2813)

Within not to exceed thirty (30) days following the receipt of the written appeal, the Council shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 10.08.4170 of Article 31 of this chapter.

(Prior code § 10-2.2814)

The Council shall announce its findings and decision by formal resolution not more than thirty (30) days following the hearing, and such resolution shall recite, among other things, the facts and reasons which, in the opinion of the Council, make the granting or denial of the variance necessary to carry out the general purposes of this chapter, and shall order that the variance be granted or denied or modified subject to such conditions or limitations as it may impose.

(Prior code § 10-2.2815)

The action by the Council on such matter shall be by a majority vote of the entire Council and shall be final and conclusive.

(Prior code § 10-2.2816)

Not later than ten (10) days following the adoption of a resolution ordering that a variance be granted or denied, a copy of such resolution shall be mailed to the applicant and opponent, and one copy shall be forwarded to the Community Development Director to be attached to the file of the case.

(Prior code § 10-2.2817)