§ 9-52.090. Variances

A.

Purpose. The provisions of this Section allow for Variances from the development standards of this Development Code.

1.

The sole purpose of any Variance shall be to enable property owners to make reasonable use of their property in the manner in which other property of like character in the same vicinity and zoning district can be used.

2.

A Variance may only be granted if the applicable review authority can make the findings identified in Subsection E (Findings and decision), below.

3.

The power to grant Variances does not extend to allowable land uses. In no case shall a Variance be granted to authorize a use or activity which is not otherwise expressly allowed in the zoning district in which the subject property is located.

B.

Applicability.

1.

Standard Variances. The Commission may grant standard Variances in compliance with Subsection E (Findings and decision), below.

2.

Administrative Variances.

a.

The Director may grant Administrative Variances, or may defer action and refer the application to the Commission, in compliance with Subsection E (Findings and decision), below, and State law (Government Code Section 65901).

b.

An Administrative Variance may govern only the development standards identified in Table 5-4, below.

TABLE 5-4 - ALLOWABLE ADMINISTRATIVE VARIANCES

Types of Administrative Variances Allowed	Variation
a. Area requirements. A decrease in the minimum area requirements. (Not including minimum parcel area requirements - see b., below.)	10 percent
b. Parcel (lot) area. A decrease in the minimum required parcel area or size.	10 percent
c. Parcel (lot or site) coverage. An increase in the maximum allowable parcel coverage.	5 percent
d. Parcel dimensions. A decrease in the minimum required parcel dimensions.	10 percent
e. Parking lot standards. A decrease in the minimum parking lot and loading standards (e.g., aisle, driveway, and space widths).	10 percent

 

3.

Standard Variances.

a.

The Commission may grant a standard Variance to allow a deviation from the requirements of this Development Code.

b.

Any request which exceeds the limitations identified in Subsection (B)(2) and Table 5-4, above shall require the filing of a standard Variance application in compliance with this Section.

C.

Application requirements. An application for a Variance (both standard and administrative) shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Project review, notice and hearing.

1.

The Director's action on an Administrative Variance shall not require a public hearing.

2.

A public hearing shall be scheduled once the Director has determined the application complete.

3.

The Commission shall conduct a public hearing on an application for a standard Variance before the approval or disapproval of the application.

4.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

E.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Variance and shall record the decision and the findings upon which the decision is based. The review authority may approve a Variance (both standard and administrative) only after first finding that:

1.

General Variance findings.

a.

There are special circumstances or exceptional characteristics applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), which do not apply generally to comparable properties in the same vicinity and zoning district.

b.

Strict application of the zoning regulations as they apply to the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose of the regulations; provided, the hardships shall not be self-imposed by the applicant or successors-in-interest.

c.

Granting the requested Variance:

(1)

Would not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district; and

(2)

Does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

2.

Findings for parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings of fact shall be made in a positive manner, in compliance with State law (Government Code Section 65906.5):

a.

The Variance would be an incentive to, and a benefit for, the subject nonresidential development; and

b.

The Variance would facilitate access to the respective nonresidential development by patrons of public transit facilities.

F.

Conditions of approval. In approving a Variance (both standard and administrative), the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E (Findings and decision), above.

G.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Variance application.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)