Chapter 8.112
VARIANCE
8.112.010 Purpose.
The purpose of this Chapter is to establish a procedure to provide relief from the strict application of specified development regulations of the Zoning Ordinance if certain findings can be made.
8.112.020 Applicability.
A Variance may be granted from the requirements of this Ordinance for only the following matters:
A. Dimensional Standards. Dimensional standards relating to the distance between residences, lot coverage, landscaping and fencing, lot dimensions, setbacks, and structure heights.
B. Sections 8.76.080 through 8.76.090 of the Off-Street Parking And Loading Regulations.
C. Sign Regulations Other Than Prohibited Signs.
D. Location Requirements of Adult Business Establishments.
8.112.030 Use Variance Prohibited.
A Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel or property.
8.112.040 Application.
The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Director of Community Development.
8.112.050 Notice and Hearings.
Variance applications shall be considered at a public hearing with notice pursuant to Chapter 8.132, Notice and Hearings.
8.112.060 Required Findings.
The following findings shall all be made in order to approve a Variance:
A. There are special circumstances applicable to the property including size, shape, topography, location or surroundings; such that the strict application of the requirements of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B. The granting of the Variance is subject to such conditions that will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and under the identical zoning classification.
C. The granting of the Variance will not be detrimental to persons or property in the vicinity or to the public health, safety and welfare.
D. The granting of the Variance is consistent with the purpose and intent of the applicable zoning district.
E. The granting of the Variance is consistent with the Dublin General Plan and with any applicable Specific Plans.
8.112.070 Required Findings - Exception.
Notwithstanding the findings in Section 8.112.060 above, a variance may be granted from the Off-Street Parking and Loading regulations for non-residential developments in order that some or all of the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following findings are made:
A. The variance will be an incentive to, and a benefit for, the non-residential development.
B. The variance will facilitate access to the non-residential development by patrons of public transit facilities, particularly guideway facilities.
8.112.080 Action.
The decision-makers for Variances shall be the Zoning Administrator, Planning Commission, or City Council. These decision-makers shall hold a public hearing and after the hearing is closed may, based on evidence in the public record, and the findings above, approve, conditionally approve, or deny a Variance by means of a resolution. A Variance shall not be used to modify another Variance. If any of the findings required above cannot be made, the Variance shall be denied.
8.112.090 Restoration of Structure and/or Use to Conformity with the Zoning Ordinance.
If a structure is modified and/or a use commenced prior to requesting a Variance in such a manner as to make the structure or use in violation of the Zoning Ordinance, and the Variance is denied, the structure shall be physically modified by the applicant within six months of denial and with a valid Building Permit and/or the use discontinued or modified so that the structure and/or use conforms with the requirements of the Zoning Ordinance.
8.112.100 Effect of Approval.
Variances are approved only as specifically identified in the written approval and do not affect or suspend any other development regulations.
8.112.110 Procedures.
The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter.