SEC. 16-561.1. REQUIRED FINDINGS FOR MAJOR MODIFICATIONS.

   In order to grant a major modification to a special use permit the review authority must make the findings for granting a special use permit in Section 16-531 of this chapter.

(Ord. No. 3039)

DIVISION 5. VARIANCES

SEC. 16-565. VARIANCES; WHEN PERMITTED.

   (A)   Variances from the requirements of this chapter shall be granted only when, because of special circumstances applicable to certain property, including size, shape, topography, location or surroundings, the approval body finds that the strict application of such requirements deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning classification.

   (B)   Notwithstanding subsection (A) of this section, the approval body may grant a variance from the parking requirements of this chapter pertaining to a nonresidential project, so that some or all of the required parking spaces are located off-site, or so that in-lieu fees or facilities are provided instead of the required parking spaces, if both the following conditions are met:

      (1)   The variance will be an incentive to, and a benefit for, the project; and

      (2)   The variance will facilitate access to the project by patrons of public transit, particularly guideway facilities.

   (C)   The commission shall not grant a variance authorizing a use or activity that this chapter does not expressly authorize for the subject property.

   (D)   The commission shall not grant a variance that is contrary to the general plan.

(`64 Code, Sec. 34-158) (Ord. No. 917, 2367, 2445)

SEC. 16-566. CONDITIONS ON VARIANCES.

   The commission granting a variance shall impose conditions that will assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located.

(`64 Code, Sec. 34-158.1) (Ord. No. 917, 2367, 2445)

SEC. 16-567. INFORMATION ACCOMPANYING APPLICATION.

   (A)   The application for a variance shall be accompanied by a description of the property for which the variance is sought and a map or site plan showing the proposed development of the property and the variance requested. The commission may require the applicant to show additional elevations and perspective drawings of the proposed improvements or building plans if such information is pertinent to granting the variance.

   (B)   Fees for filing an application for a variance shall be set by resolution of the city council.

(`64 Code, Sec. 34-158.3) (Ord. No. 917, 2367, 2445)