Sec. 153.948 - Findings for variances.

(A)

The Planning Commission shall make the following findings when granting variances:

(1)

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

(2)

That the variance or adjustment will not constitute a grant of special privilege, is consistent with the limitations upon other properties in the vicinity and under the identical district classification, and is consistent with the objectives of this chapter:

(3)

That the strict application of this chapter would result in practical difficulty or unnecessary physical hardship which is not of the applicant's own making;

(4)

That the granting of the variance or adjustment will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated; and

(5)

That the granting of the variance will be consistent with the general purposes and objectives of this chapter and of the General Plan.

(B)

The Planning Commission shall deny a variance application if any one of such findings is negative. The Planning Commission may grant a modified variance if necessary to make all of such findings.

(1975 Code, § 9-2.1108) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.949 - Decisions of the Planning Commission.

(A)

The Planning Commission shall make its findings and determination within 50 days after the date of the acceptance of the application as complete for filing, unless the Planning Commission and the applicant mutually agree to extend such time limit. If, for any reason, the public hearing is continued, the presiding officer shall publicly announce the time and place to which the hearing will be continued, and no further notice shall be required.

(B)

The action of the Planning Commission shall be by majority vote. The decision of the Planning Commission in granting or denying a variance shall be final upon the twenty-first day following its rendering. In granting a variance, the Planning Commission shall specify its findings and any terms and conditions upon which the granting of such variance is conditioned.

(1975 Code, § 9-2.1109) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.950 - Conditions of variances.

In granting any variance, the Planning Commission may prescribe such reasonable conditions and safeguards as are, in its opinion, necessary to secure the objectives of this chapter and the General Plan. Once any privilege is exercised in accordance with the variance, any and all other provisions shall become immediately operative and shall be complied with.

(1975 Code, § 9-2.1110) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.951 - Revocation of variances.

The Planning Commission, after giving notice in the same manner and to the same persons as required by Section 153.963 of this chapter, on its own initiative or upon the request of the Planning Director, may hold a public hearing in which the Planning Commission may revoke or modify any variance issued for any one of the following reasons:

(A)

That the original approval was based on false information submitted by the applicant; or

(B)

That the terms, conditions, and safeguards prescribed by the Planning Commission in granting the variance are not being fulfilled by the responsible party.

(1975 Code, § 9-2.1111) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)