Sec. 30-212. - Time limitations.

Each administrative variance granted under the provisions of this article shall become null and void two years after the date of the action approving the administrative variance unless:

(1)

The construction authorized by the administrative variance or permit has been commenced within two years after the granting of the administrative variance and diligently advanced to completion; or

(2)

The occupancy of land or buildings authorized by the administrative variance has taken place within two years after the granting of the administrative variance; or

(3)

The decision approving an administrative variance contains in its findings and conditions specific authority for extending the time limit defined; or

(4)

The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Subdivision II. - Variance, Major

Sec. 30-213. - Purpose.

A variance, major is permission to depart from Zoning and Development Code, because of special circumstances unique to a specific property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. A variance, major is intended to examine when the strict interpretation of the provisions of this chapter causes physical hardship due to the property's unique size, shape, topography, location, or other physical condition. A variance, major may be granted for relief from certain provisions of the Code. Any variance, major granted shall not constitute a special privilege.

Sec. 30-214. - Authority.

The Planning Commission is authorized to approve or deny applications for variance, major, and to impose conditions upon such approval.

(Ord. No. 1906, § 53, 10-25-22)

Sec. 30-215. - Pre-application meeting.

Prior to the filing of an application for a variance, major, the applicant or the applicant's representative shall apply for a preapplication conference with Director of Planning. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1951, § 4(Exh. A), 5-28-24)

Sec. 30-216. - Application.

(a)

Applications for a variance, major shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A statement that the applicant is the owner of the subject property or an agent thereof;

(2)

The legal description of the property involved, the proposed use, and site plans;

(3)

A reference to the specific provisions of this chapter that are applicable to the requested variance, major; and

(4)

The specific use for which the variance, major is being requested shall be described in detail.

Sec. 30-217. - Reserved.

Editor's note— Ord. No. 1951, § 4(Exh. A), adopted May 28, 2024, repealed § 30-217, which pertained to Development Advisory Board (DAB) review and carried no amendatory history.

Sec. 30-218. - Findings for approval.

Either the Planning Commission or City Council may grant a variance, major from the requirements of this chapter where practical difficulties, unnecessary hardships, or results contrary to the intent of this chapter would occur from the strict and literal interpretation and enforcement of the Code. A variance, major may be granted upon conditions which will ensure the protection of the public safety, health and welfare. To grant a variance, major, the Commission must find from the facts presented that the following conditions exist.

(1)

That because of circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this chapter will deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2)

That the granting of such a variance, major will be subject to conditions assuring that the variance, major shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and

(3)

That the variance, major does not authorize a use or activity which is not a specifically allowed use in the zoning district in which the property is located.

Sec. 30-219. - Noticing.

Notice of hearings for variance, major shall be as set forth in Division 4, of this article herein.