5.30.140 Variance.
   (A)   The City Council may grant a variance from all or any of the mandatory requirements and conditions of this chapter, as required for issuance of an outdoor festival license, including, but not limited to, the time for filing an application therefor, the amount of the investigation fee, the required content of the application therefor and festival plans, the necessity of a public hearing before the City Council and the time period provided for such a hearing and the necessity that all conditions imposed by the City Council on the license grant be met before the license may be issued and the amount of the license fee.
   (B)   Anyone seeking a variance under this chapter shall file a request therefor with the City Clerk, addressed to the City Council, specifically stating those requirements and conditions for which he or she desires the variance and the facts in support thereof which establish that the public health, safety and welfare will not be adversely affected by the grant of such variance.
   (C)   The City Council shall consider a variance request under this chapter at its next regular meeting following the date of filing such application or 14 calendar days thereafter, whichever date occurs later in time.
   (D)   The City Council may grant a variance under this chapter if it first finds that the public health, safety and general welfare will not be adversely affected by the grant. If the City Council does grant a variance under this chapter, it may impose conditions thereon in the interest of the public health, safety and welfare.
   (E)   Prior to taking action to grant or deny a variance, the City Council may hear evidence, either oral or written, from the applicant and any other interested party.
   (F)   The City Council’s action may be by motion, which shall set forth in the minutes of the City Council meeting at which the action was taken.
   (G)   Any variance granted under this chapter shall become invalid 30 days thereafter if the applicant therefor has not commenced proceedings to obtain a license under this chapter, or, if a license has been so granted, has not conducted the outdoor festival for which the variance was granted.
(`78 Code, § 5.30.140.) (Ord. 1680 § 6, 1983.)