07-28-2025 - Agenda Packet City Council - regular meeting

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ti M LAND USE (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. (b) The board or council may impose condi- tions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact cre- ated by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. (Code 1984, §§ 2.56(2)(B), 10.06(1)(13)(1)(b), (1)(13)(1)(c), 10.08(3); Code 2003, § 78-123; Ord. No. 88(3rd series), § 3, 6-27-2011) Sec. 6.12.540. Variances in border areas. This chapter seeks to regulate land use throughout the city so that the location of the various zones will be compatible with each other and to existing uses and regulations. Where property in the city adjoins property in another municipality which is subject to regulations substantially different from those applying to the city property, so as to make strict enforce- ment of all the city regulations as to such property unreasonable, the council may take into account the location of the property and the regulations of the adjoining municipality in considering application for variances under this article. (Code 1984, § 10.08(4); Code 2003, § 78-124) Sec. 6.12.550. Denial. Variances may be denied by motion of the council, and such motion shall constitute a find- ing and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission. (Code 1984, § 10.08(5); Code 2003, § 78-125) § 6.12.590 Sec. 6.12.560. Failure of the board to act. If no recommendation is transmitted by the board of appeals and adjustments within 60 days after referral of the application for variance to the board, the council may take action without further awaiting such recommendation. (Code 1984, § 10.08(6); Code 2003, § 78-126) Sec. 6.12.570. Violation of conditions. A violation of any condition set forth in grant- ing a variance shall be a violation of this chapter and automatically terminates the variance. (Code 1984, § 10.08(7); Code 2003, § 78-127) Sec. 6.12.580. Expiration. Variances shall expire one year after the date of council approval if not used and an extension has not been granted. Any change in use of the property shall require a new variance. In no case shall more than three one-year extensions be granted. (Code 1984, § 10.08(8); Code 2003, § 78-128; Ord. No. 80(3rd series), § 1, 11-22-2010; Ord. No. 153(3rd series), § 2, 8-10-2015) Sec. 6.12.590. Extension. Extensions may be granted by either city staff or the city council pursuant to the following: (1) An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an exten- sion is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. CD6:43 (2) If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension.