Chapter 15.72

VARIANCES FOR COMMERCIAL STRUCTURES

Sections:

15.72.010 Definitions.

15.72.020 Variance.

15.72.030 Application. 15.72.040 Notice and hearing.

15.72.050 Permit.

15.72.060 Impeding public right-of-way.

15.72.070 Fees.

As used in this chapter only, the following terms shall have the definitions shown:

"Commercial structure" means and includes only a structure no part of which is used for housing.

"Encroachment" means and includes any part of a commercial structure proposed to be located under, over or upon public property or a public right-of-way.

• "Central City" means that area defined by the same term in the Planning and Development Code of the city.

"Public benefit" means that the public gains a substantial benefit from a proposed structure, including, without limitation, shelter from direct sunlight or from inclement weather. (Ord. 2013-0021 § 44; prior code § 9.21.701)

In the Central City area only, subject to the other provisions of this chapter, the council may grant for an encroachment by a commercial structure a variance from the requirements of this title; provided, however, such variance shall be granted only where such encroachment will produce a substantial public benefit when balanced against any detriment which the proposed encroachment may cause. (Ord. 2013-0021 § 45; prior code § 9.21.702)

Any person applying for a variance under this chapter shall apply for such variance on a form prescribed by the city engineer. The application shall be accompanied by such architectural and engineering drawings and specifications as may be required by the city engineer. The application shall be reviewed by either the design director or the preservation director as determined by the city manager's designee. The recommendations of the city engineer and the design director or preservation director shall be submitted to the council at the hearing on the application. (Ord. 2006-065 § 14; prior code § 9.21.703)

Before issuing any permit under this chapter, the council shall hold a hearing on any application made pursuant to this chapter after at least ten (10) days notice is given of such hearing by publication in the official newspaper of the city and by mailing notice to the owners of all property which is located within one hundred (100) feet of the property for which the application was filed. The mailed notice shall be sent to the names and addresses as shown on the latest equalized assessment roll in existence on the date the application is filed. (Prior code § 9.21.704)

In the event the council grants a variance from this title for any commercial building, such variance shall be granted by a permit which may be revoked at any time. No construction or expenditure of money or any other action in reliance on any such permit shall be deemed to vest any right pursuant to any such permit. Such permit may be granted subject to any conditions which appear appropriate to the council. Without obtaining prior authorization from the council, no person shall modify any structure subject to any such permit, excepting only routine maintenance such as painting or other resurfacing, or other repair which restores the structure to the original condition for which the permit was issued. (Prior code § 9.21.705)

No permit shall be issued under this chapter for any structure which shall substantially impede any public right-of-way. (Prior code § 9.21.706)

The council shall from time to time set fees for applications for permits pursuant to this chapter. Such fee shall be paid to the city engineer at the time the application is filed. (Prior code § 9.21.707)