An application for a variance from the terms of the zoning ordinance may be filed. An application for a variance shall be filed in the office of the city clerk upon a form provided, and shall be accompanied by a filing fee as determined by resolution of the city council, and by such other information as may be required to describe fully the proposed variance.

(Ord. 82-4 §3 (part)).

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing. Notice of the time and place of the hearing shall be given at least ten calendar-days before the hearing, by prepaid U.S. mail notices to owners of property adjoining that of the petitioner, using addresses from the last assessment roll, by publication once in a newspaper of general circulation in the city, and by posting such notice in conspicuous places on or close to the property affected.

B.

The notice shall include a general explanation of the matter to be considered and a general description of the area affected.

(Ord. 82-4 §3 (part)).

A.

Any such hearing may be continued from time to time, except that the commission shall act on the matter within sixty days of the original hearing date. Failure to act within such period shall constitute disapproval of the request.

B.

The decision of the planning commission shall become final ten days after the date thereof unless an appeal has been filed during the ten-day period.

(Ord. 82-4 §3 (part)).

A.

The planning commission may grant a variance from the terms of this title only upon a showing by the applicant that:

1.

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

2.

The variances does 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;

3.

The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property; and

4.

The variance will be consistent with the General Plan and will not have an adverse effect on neighboring properties.

B.

The planning commission shall make any variance granted pursuant to this section 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. The planning commission may make a variance subject to such other reasonable conditions as it may deem appropriate to carry out the purpose and intent of this title.

C.

No variance shall be granted unless and until the planning commission has made written findings of fact in support of its decision. The findings of fact shall demonstrate that the criteria set forth in subsection A have been met, shall be supported by substantial evidence in the administrative record, and shall be made a part of the official minutes of the planning commission. The applicant for a variance shall have the burden of providing that the criteria for the granting of a variance, as set forth in subsection A, have been met.

(Ord. 82-4 §3 (part)).

Unless otherwise expressly provided by the planning commission, a variance shall be granted for an indefinite period. However, the planning commission may grant a variance for a specified period of time.

(Ord. 82-4 §3 (part)).

In any case where the terms and conditions to the granting of a variance are not complied with, the planning commission shall give notice to the holder of such variance of its intention to revoke the same. Proceedings for the revocation of a variance shall be conducted in the same manner as proceedings for action on the application therefor.

(Ord. 82-4 §3 (part)).