A.

Purpose . Variances are deviations from the dimensional requirements, design or performance standards and other provisions of this Chapter, not related to the use of the property, that would not be contrary to public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this Chapter would result in undue and unnecessary hardship. Variances shall only be granted in accordance with the terms of this Section.

B.

Submittal requirements . The following shall be submitted with a variance application:

1.

The name, address and phone number of the applicant on a completed application form supplied by the City.

2.

Proof of ownership in the form of a deed recorded at the County Clerk and Recorder's office as the most recently recorded transfer of ownership of all subject property to verify that the applicant has the right to seek the variance over all the property.

3.

Names and addresses of all property owners within 300 feet of the subject property, disregarding any intervening public right-of-way. The source of such list shall be the records of the County Assessor.

4.

Vicinity map.

5.

A site plan, including the specifics of the proposed variance.

6.

A written narrative and any documentation demonstrating compliance with Subsection D. below.

7.

Any other information deemed appropriate by the City Administrator for complete review of the application.

C.

Public hearing . After compliance with Section 16-10-40, at a public hearing, the City shall consider the application, supporting documentation and City staff report, within 45 days of the filing of a complete application. The hearing may be continued from time to time as the City Council deems necessary.

D.

Criteria . A variance may be granted by the City Council by a concurring vote of at least four members if it finds that:

1.

The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the City Council and this Chapter.

2.

The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure.

3.

Literal interpretation and enforcement of the terms and provisions of the Chapter would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the City Council shall consider whether either of the following conditions apply:

a.

There are special conditions and circumstances that are unique to the parcel, building or structure, that are not applicable to other parcels, structures or buildings in the same zone district and that do not result from the actions of the applicant, or

b.

Granting the variance will not confer upon the applicant any special privilege denied by this Code and the terms of this Chapter to other parcels, buildings or structures in the same zone district.

4.

The grant of variance will not unreasonably negatively affect any other property owner.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, §§ 26, 27, 7-19-2018)

A.

Conditions . In granting variances, the City Council may impose such reasonable conditions in order to further the purpose and intent of this Chapter. Such conditions or limitations shall be provided to the applicant and interested parties, in writing, as part of the decision.

B.

Burden . The burden shall be on the applicant to show that these criteria have been met. If the City Council determines that such criteria have not been met, the application shall be denied.

C.

Enforcement . All conditions shall be enforceable in the same manner and to the same extent as any other applicable requirement of this Chapter.

D.

Decision . Any approval of a variance by the City Council shall be in the form of a resolution. The decision of the City Council with respect to the application for a variance shall be final, subject only to judicial review. The resolution shall be recorded with the County Clerk and Recorder.

(Ord. No. 500, § 1, 8-11-2016)

A.

Expiration . All variances shall expire 12 months from the date of issuance if no building permit has been issued to establish the variation authorized, or, if the variance does not require a building permit, unless the variation is established, ongoing and in operation. Such time period shall not be altered by transfer of ownership.

B.

Extension . Upon written request, the City Council may grant an extension of the variance for a period not to exceed six months for good cause shown. No request for an extension shall be considered unless a written application requesting the extension is submitted to the City Administrator prior to the date the variance is to expire. The variance shall be deemed extended until the City Council has acted upon the request for extension. Failure to submit an application for an extension within the time limits established in this Section shall render the variance null and void. In considering an extension to a variance, the City Council shall follow the procedure herein for approving an initial application.

(Ord. No. 500, § 1, 8-11-2016)

Conditional uses are those land uses that are generally compatible with the permitted uses in a zone district, but that require site-specific review of their location, design, intensity, density, configuration and/or operating characteristics, and that may require the imposition of appropriate conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially adverse impacts.

1.

Submittal requirements. An application for a conditional use permit shall include the following:

a.

The name, address and phone number of the applicant on a completed application form supplied by the City.

b.

Proof of ownership in the form of a title policy or title commitment, including deed recorded at the County Clerk and Recorder's office as the most recently recorded transfer of ownership of all subject property to verify that the applicant has the right to seek the conditional use over all the property. Or, if the requestor is not the owner, in addition to proof of ownership, proof that the owner approves of the conditional use.

c.

Names and addresses of all property owners within 300 feet of the subject property, disregarding any intervening public right-of-way. The source of such list shall be the records of the County Assessor.

d.

Vicinity map.

e.

Site plan.

f.

Narrative description of the proposal and any required documentation.

g.

Any other information deemed appropriate by the City Administrator for complete review of the application.

2.

Public hearing. After compliance with Section 16-10-40, at a public hearing, the City shall consider the application, supporting documentation and City staff report, within 45 days of the filing of a complete application. The hearing may be continued from time to time as the City Council deems necessary.

3.

Criteria . A conditional use permit may be granted by the City Council by a majority vote if it finds that:

a.

The conditional use will conform with or further the goals, policies and strategies set forth in this Code.

b.

The use is compatible with existing uses in the areas and permitted uses in the zone district.

c.

The use is consistent with the purposes of the zone district.

d.

The conditional use will be adequately served with public utilities, services and facilities and not impose an undue burden above and beyond those of the permitted uses of the zone district.

e.

The potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall satisfactorily address the following impacts:

(1)

Traffic.

(2)

Activity levels.

(3)

Light.

(4)

Noise.

(5)

Odor.

(6)

Building type, style and scale.

(7)

Hours of operation.

(8)

Dust.

(9)

Erosion control.

f.

All applicable local, State and federal permits have been or will be obtained.

g.

The activity requested under the conditional use permit will not unreasonably negatively affect any other property owner.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 27, 7-19-2018)

A.

In granting a conditional use permit, the City Council may impose reasonable conditions that will ensure that the development will preserve the public health, safety and welfare.

B.

All conditions shall be included within the resolution approving the permit, which resolution shall be considered part of the permit.

C.

All conditions shall be enforceable in the same manner and to the same extent as any other applicable requirement of this Chapter.

D.

The resolution adopted by the City Council shall be recorded in the records of the County Clerk and Recorder.

(Ord. No. 500, § 1, 8-11-2016)

A.

Conditional use permits expire automatically if:

1.

Within one year after the issuance of such permit, there is no substantial construction, erection, alteration, excavation, demolition or similar work or use of the property in furtherance of the permit; or

2.

The conditional use is discontinued for a period of six months.

B.

If requested by the applicant, the City Administrator may extend the duration of the conditional use permit by up to six months if:

1.

The permit has not yet expired;

2.

The permit recipient has proceeded with due diligence and in good faith; and

3.

Conditions have not changed so substantially as to warrant a new application.

C.

Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resorting to the formal processes and levying the fees required for a new permit.

D.

Conditional use permits run with the land unless the permit states otherwise. Any successor in interest to such approval shall be subject to all terms and conditions of such approval and all laws, rules or regulations then applicable.

(Ord. No. 500, § 1, 8-11-2016)

A.

An appeal of a staff interpretation or administration of the provisions of this Chapter or staff action, including a determination that an application is incomplete, may be made to the City Council.

B.

The appeal must be filed in writing within 60 days of the decision in question. An appeal shall be decided by the City Council within 60 days of the filing. No public hearing on an appeal shall be required.

C.

Any decision by the City Council shall be in writing and shall be final, subject only to judicial review.

(Ord. No. 500, § 1, 8-11-2016)