(a) The City Manager or Chief of Police or the city’s authorized representative may grant individual compliance period variances (hereinafter referred to as “variance”), beyond the limitation prescribed by this chapter, whenever it is found upon presentation of adequate proof, that compliance with any section of this chapter or with any regulation or order of the City Manager or Chief of Police or the city’s authorized representative, in respect to this chapter, would impose unreasonable hardship. In granting a variance, the City Manager or Chief of Police or the city’s authorized representative may impose such conditions as the policies of this chapter may require.
(b) Any variance granted pursuant to this section shall be granted for the period of time, not exceeding one year, as specified by the City Manager or Chief of Police or the city’s authorized representative at the time of the grant of the variance and upon the conditions that the person who receives the variance shall make such periodic progress reports as the City Manager or the city’s authorized representative shall specify. The variance may be extended for period of up to six months by affirmative action of the City Manager or Chief of Police or the city’s authorized representative, but only if satisfactory progress has been shown. The City Manager or Chief of Police or the city’s authorized representative may in the case of construction, grant a variance for the duration of the project. A contract letting agency, public or private, may apply for this variance.
(c) If requested by the petitioner or if deemed desirable by the City Manager or Chief of Police or the city’s authorized representative, a public hearing shall be held prior to the issuance of any variance for the purpose of allowing any person to present evidence with respect to the requested variance. Notice of the hearing shall be promulgated by the City Manager or Chief of Police or the city’s authorized representative in the form of a news release at least ten days prior to the hearing.
(d) The petition shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time.
(e) Government agencies are exempted from the payment of fees.
(Ord. 88-151, passed 12-11-1989)
Cross-reference:
Fee schedule, see § 205.01