Division 5 — VARIANCES

(A) Variances from the requirements of this chapter shall be granted only when, because of special circumstances applicable to certain property, including size, shape, topography, location or surroundings, the approval body finds that the strict application of such requirements deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning classification.

(B) Notwithstanding subsection (A) of this section, the approval body may grant a variance from the parking requirements of this chapter pertaining to a nonresidential project, so that some or all of the required parking spaces are located off-site, or so that in-lieu fees or facilities are provided instead of the required parking spaces, if both the following conditions are met:

• (1) The variance will be an incentive to, and a benefit for, the project; and

• (2) The variance will facilitate access to the project by patrons of public transit, particularly guideway facilities.

• (C) The commission shall not grant a variance authorizing a use or activity that this chapter does not expressly authorize for the subject property.

• (D) The commission shall not grant a variance that is contrary to the general plan.

(`64 Code, Sec. 34-158) (Ord. No. 917, 2367, 2445)

The commission granting a variance shall impose conditions that will assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located.

(`64 Code, Sec. 34-158.1) (Ord. No. 917, 2367, 2445)

(A) The application for a variance shall be accompanied by a description of the property for which the variance is sought and a map or site plan showing the proposed development of the property and the variance requested. The commission may require the applicant to show additional elevations and perspective drawings of the proposed improvements or building plans if such information is pertinent to granting the variance.

(B) Fees for filing an application for a variance shall be set by resolution of the city council. (`64 Code, Sec. 34-158.3) (Ord. No. 917, 2367, 2445)

The application process, fees, notice of hearing, date of hearing, decision, notice of decision, effective date, vested rights, finality of decision, appeals to city council and related procedures and revocation shall be in accordance with the procedure set forth for special use permits as provided in sections 16-530 to 16-553. (`64 Code, Sec. 34-158.4) (Ord. No. 917)

A variance shall normally be granted in perpetuity except that a change in the conditions justifying a variance shall be cause to reconsider the variance according to the procedure set forth in the foregoing sections. When the conditions justifying a variance are temporary, the commission or, on appeal, the city council may set a time after which the variance shall be null and void, and the property shall be subject to the regulations of the applicable zone classification.

(`64 Code, Sec. 34-158.5) (Ord. No. 917, 2367, 2445, 2445)