§ 30-27. VARIANCES.

[Added by Ord. #1557, § 9171.1]

The purpose of the variance provisions of this Chapter is to create a flexible mechanism to avoid unnecessary hardships or results inconsistent with the general purposes of this Chapter which would occur from its strict, literal interpretation and enforcement.

[Added by Ord. #1557, § 9171.2; Ord. #1808, § 1; Ord. #1840, § 1; Ord. #2101, § 18]

The Commission, before granting a variance, shall find:

• a. That because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the provisions of this Chapter deprives such property of privileges enjoyed by other property in the vicinity and in an identical zone. For the purposes of this subsection, "special circumstances" shall not include hardships which are self-imposed by the owner of the property;

• b. That the granting of such variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located;

• c. That the granting of such variance will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located; and

• d. That the granting of such variance will be substantially in conformance with the General Plan and compatible with the existing patterns of land use and development in the surrounding area.

[Added by Ord. #1557, § 9171.3]

The Commission shall have the authority to grant, as a quasi-judicial act and upon such terms and conditions and for such duration of time as it deems necessary, such variances as may be in harmony with the general purpose and intent of this Chapter so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done. Variances may be granted for the following purposes:

• a. To permit the modification of the automobile parking space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements;

• b. To permit such modification of the height, yard, and area regulations as may be necessary to secure an appropriate improvement of a lot or parcel of land which is of such shape or so located in relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification;

• c. To permit the modification of the conditions under which specific uses are allowed in certain zones;

• d. To permit temporary buildings and uses for periods of not to exceed six months; and

• e. To permit the following uses in zones from which they are prohibited by this Chapter: governmental enterprises, public libraries, public utilities, and public service uses and structures.

A variance shall not be granted for a parcel of land which authorizes a use or activity not otherwise permitted in the zone in which the parcel exists.

[Added by Ord. #1557, § 9171.4]

The conditions which may or shall be made a part of resolutions granting variances shall be the same as for conditional use permits (see subsection 30-26.4 ).

[Added by Ord. #1557, § 9171.5; Ord. #1733, § 1; Ord. #1815, § 2; Ord. #2295 § 19]

The procedures which shall be followed for granting variances and for the revocation of variances shall be the same as for conditional use permits. The filing fee shall be set by ordinance or resolution of the City Council in the same manner that it is set for conditional use permits.