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15.148.1040   Application-Evidence required to be shown.
   Applications for a variance shall be written on forms prescribed by the planning and design commission or the construction codes advisory and appeals board and shall be accompanied by statements, plans and other relevant evidence. The zoning administrator when authorized, the planning and design commission or, in the case of variances from the provisions of Article V of this chapter, the construction codes advisory and appeals board, may grant a variance when the following is shown:
   A.   That exceptional or extraordinary circumstances or conditions apply to the case referred to in the application that do not apply generally in the same district and the enforcement of the regulations of this chapter would have an unduly harsh result upon the utilization of the subject property;
   B.   That the variance will not result in a special privilege to one individual property owner and that the variance would be appropriate for any property owner facing similar circumstances;
   C.   That the requested variance will not materially and adversely affect the health and safety of persons residing or working in the neighborhood, and will not be materially detrimental to the public welfare or injurious to property and improvements in the neighborhood. (Ord. 2016-0010 § 50; Ord. 2012-004 § 42; Ord. 2000-017 § 7; prior code § 3.14.225)
15.148.1050   Fee.
   A fee as established in the city's fee and charge report shall be paid upon the filing of each application for a variance from the provisions of this chapter, except that no fee shall be required for a variance from the provisions of Article V of this chapter. (Ord. 2016-0010 § 51; prior code § 3.14.226)
15.148.1060   Hearing.
   A.   A variance application shall be considered at a public hearing by the zoning administrator, planning and design commission, or the construction codes advisory and appeals board where variances from the provisions of Article V of this chapter are requested. The zoning administrator, planning and design commission or the construction codes advisory and appeals board may attach conditions to the granting of any variance when, in its judgment, such conditions are necessary or desirable to accomplish the purpose of this chapter. The decision to grant or deny a variance or to impose conditions on a variance may not be based on the content of messages except to the extent needed to comply with federal or state law.
   B.   Except to the extent that the terms of this article conflict therewith the procedural requirements for any hearing before the zoning administrator, planning and design commission and city council required by the provisions of this article shall be governed by the provisions of Chapter 17.812.
   C.   Written notice of the hearing shall be given as specified in Chapter 17.812 of this code. (Ord. 2016-0010 § 52; Ord. 2013-0021 § 74; Ord. 2012-004 § 43; prior code § 3.14.227)
Article XIV. Conditional Use Permits
15.148.1070   Authority for conditional use permits.
   Where a conditional use permit is authorized or required by this chapter, such permit may be granted at the discretion of the planning and design commission. It is not an automatic right of any applicant. The commission shall consider all the factors relating to the proposed sign and whether such sign will adversely affect the public health, safety and welfare and whether the application complies with the statements contained in Section 15.148.010 relating to the purpose of this chapter. (Ord. 2016-0010 § 53; Ord. 2013-0021 § 75; Ord. 2012-004 § 44; prior code § 3.15.230)
15.148.1080   Delegation to zoning administrator.
   The planning and design commission, by resolution, may delegate its authority to issue conditional use permits for signs to the zoning administrator; provided however, that the applicant may appeal any decision of the zoning administrator to the planning and design commission as provided in Section 15.148.1120 of this chapter.
   The zoning administrator may at his or her discretion, schedule for hearing by the planning and design commission any application for conditional use permit under his or her authority. (Ord. 2013-0021 § 76; Ord. 2012-004 § 45; prior code § 3.15.231)
15.148.1090   Application.
   Application for a conditional use permit for a sign shall be made on forms prescribed by the planning and design commission and shall be accompanied by statements, plans and other related material as may be deemed necessary to carry out the intent and purpose of this chapter. (Ord. 2013-0021 § 77; Ord. 2012-004 § 46; prior code § 3.15.232)
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