(A) The City Council shall hear and render judgment on requests for variances under this section.
(B) An operator that is informed by the Director that a planned application is in violation of this chapter may appeal to the City Council for a variance from the regulations in this chapter.
(C) To appeal to the City Council for a variance under this section, an operator must file a request for variance with the City Secretary.
(D) In the request for variance, the operator shall set out the conditions that justify the variance and that warrant a variance that will not have the effect of nullifying the intent and purpose of these regulations.
(E) The City Council may authorize a variance to any regulation set forth in this chapter. In granting a variance under this chapter, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. No variance shall be granted unless the Council finds that all of the following conditions exist:
(1) That the use of the land in the vicinity will not be adversely affected;
(2) That the persons who reside or work in the vicinity will not be adversely affected;
(3) That any school related activities will not be adversely affected; and
(4) That the granting of the variance will not be detrimental to the public health, safety, convenience or welfare of the city.
(F) Such findings of the Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done.
(G) The City Secretary shall provide a copy of a request for variance filed under this section to the
Director. The Director shall submit to the City Council a copy of the notification filed by the operator under this chapter, a copy of the Director's written determination, and a letter containing all the specific facts and pertinent data upon which the Director's decision was based and setting out any conditions relevant to a determination of the effect of the planned application on the public health, safety, convenience, or welfare in the vicinity, and such documents shall be entered into the official minutes of the Council meeting. The decision of the City Council relating to the approval or disapproval of a variance shall be final.
(Ord. OR-1969-15, passed 9-28-15)