A variance is an approved modification to the development standards established by
this Code. A variance may only be granted for height, area, size of structure or size
of yards and open spaces, or other dimensional requirements. Once granted, the variance
runs with the land in perpetuity, even if the land changes ownership. The request
for a variance is considered and approved or denied by the Development Special Magistrate
and, if approved, shall take effect upon the rendition of a written order granting
the same with the City Clerk. The City's Planning Division, or successor, shall keep
a file in perpetuity on all variances approved by the Development Special Magistrate.
The Development Special Magistrate shall have the power to hear and decide requests
for variances where by reason of exception or narrowness, shallowness or unusual shape
of a site, or by reason of exceptional topographic or environmental conditions, or
some other extraordinary situation or condition of that site but not dwelling unit
or population density. The Development Special Magistrate may impose any reasonable
conditions or restrictions in granting said variance.
(Ord. No. O-00-09, Art. 7 (7.08.00), 4-24-00; Ord. No. O-12-19, § 4(exh. A, pt. II),
5-29-12)
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