Sec. 26-232. - Planning Commission may grant variance.

When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this article, to grant, upon such conditions as it may determine, such variances from the provisions of this chapter as may be in harmony with its general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-233. - Required findings for variances.

Before any variance may be granted, it shall be found:

(a)

There are special circumstances (which may include, but are not limited to, size, shape, topography, location, or surroundings) applicable to the property which are not applicable to other property in the property's vicinity under identical zoning classification.

(b)

As a result of the special circumstances, the strict application of the Development Code deprives the property of meaningful privileges enjoyed by other property in the vicinity and under identical zoning classification.

(c)

Such variance is necessary to allow the property in question to have the same substantial property right possessed by other property in the same vicinity and zone.

(d)

The granting of such variance will not be materially detrimental to the public welfare or materially injurious to residents or owners of nearby properties.

(e)

That the granting of such variance shall be consistent with the adopted General Plan and any applicable specific plans.

(f)

The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-234. - Initiation of variances.

Variances may be initiated by:

(a)

The verified application of one (1) or more owners of the subject property or by a purchaser or lessee thereof with consent of any such owner which application sets forth fully the grounds for and the facts deemed to justify the granting of the variance.

(b)

Action of the City Council.

(c)

Action of the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)