Chapter 18.128
VARIANCES

Sections:

18.128.010    Variance procedure.

18.128.020    Application.

18.128.030    Contents of application.

18.128.040    Public hearing and notice.

18.128.050    Decision on variance applications.

18.128.060    Findings and conditions.

18.128.070    Revocation, suspension, extension, transferability and duration.

18.128.080    Effective date.

18.128.010 Variance procedure.

Variances may be applied for and granted by the Planning Commission pursuant to the provisions of this chapter of the Zoning Title of this Code. (Ord. 977 § 1 Ex. A (part), 1987)

18.128.020 Application.

A variance may be applied for by the owner of record of property for which the variance is sought, or by the owner’s representative, as authorized in writing if one other than the owner is the applicant. If the application is made by the owner’s representative, proof, satisfactory to the Director of Planning, of the right to use and possess the property as applied for, shall accompany the application. (Ord. 1174 § 1, 1995: Ord. 977 § 1 Ex. A (part), 1987)

18.128.030 Contents of application.

Application for a variance shall be filed with the Planning Department on a form prescribed by the Planning Department and shall contain the following:

A.    A description and map showing the location of the property for which the variance is sought;

B.    The name and address of the applicant and/or owner;

C.    Plans and/or descriptions of existing and proposed construction on the property involved, together with a statement of the circumstances which justify the variance application, including a description of the size, shape, topography and location or surroundings;

D.    Such additional information as the Zoning Administrator may deem necessary;

E.    A variance application shall be accompanied by a nonrefundable fee as prescribed in the municipal fee schedule. (Ord. 1319 § 49, 2003; Ord. 977 § 1 Ex. A (part), 1987)

18.128.040 Public hearing and notice.

A.    Upon receipt of a complete application for a variance, the Planning Department shall set a date for a public hearing.

B.    Notice of public hearing as required by this chapter shall be mailed, at least ten days prior to the date of the hearing, to the applicant and to each owner of record of property within a three-hundred-foot radius of the exterior boundaries of the subject property. Compliance with the procedures set forth in this chapter shall be deemed sufficient notice to allow the City to proceed with the hearing and action, regardless of actual receipt by any record owner.

C.    The notice of public hearing as required in this chapter shall contain the following:

1.    A statement of the general location of the property involved and the nature of purpose of the application;

2.    A statement of the date, time, place and purpose of the hearing;

3.    Reference to the application on file for particulars, including any environmental impact assessment prepared in connection with the application;

4.    A statement that any interested person, or agent thereof, may appear and be heard. (Ord. 1319 § 50, 2003; Ord. 977 § 1 Ex. A (part), 1987)

18.128.050 Decision on variance applications.

At the time and place set for a public hearing before the Planning Commission on an application for a variance, it shall hold a public hearing. The Planning Commission may continue any hearing from time to time, and at the conclusion of the original or continued public hearing, make findings and render its decision. (Ord. 1319 § 51, 2003: Ord. 977 § 1 Ex. A (part), 1987)

18.128.060 Findings and conditions.

A.    The Planning Commission may grant a variance from the site development regulations, the parking and loading regulations or special requirements of this title applicable within any district, other than land use regulations, if, from the application or the facts presented at the public hearings, it finds:

1.    There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning classification, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone classifications; and

2.    The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own making or the making of a predecessor in interest; and

3.    The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

4.    The granting of the variance or adjustment will be consistent with the general purposes and objectives of the ordinance codified in this chapter, any applicable specific plans, and of the General Plan.

B.    In granting such variance, the Planning Commission may impose such reasonable conditions or restrictions as it seems appropriate or necessary to protect the public health, safety, general welfare or convenience, and to secure the purposes of this title, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1171 § 1, 1995; Ord. 977 § 1 Ex. A (part), 1987)

18.128.070 Revocation, suspension, extension, transferability and duration.

A.    In any case where the conditions of a variance have not been or are not being complied with, or the terms of any law or ordinance are violated in connection therewith, the Zoning Administrator shall give notice to the permittee of the intention to suspend or revoke the variance and, at least ten days following the mailing of such notice, the Planning Commission shall conduct a hearing thereon. Following the hearing, the Planning Commission shall submit its recommendations to the City Council. The Council shall act thereon.

B.    A variance which has not been used within one year following the effective date thereof shall become null and void.

C.    Unless specifically provided otherwise as a condition of a variance, a valid variance granted pursuant to this title shall be transferable to successive owners of the site for which the variance is granted.

D.    A variance granted pursuant to this title shall exist for the life of the existing structure or such structure as may be constructed pursuant to the variance approval unless a different time period is specified in the issuance of the variance.

E.    Each variance, and the conditions applicable thereto, may be recorded with the County Recorder. (Ord. 1319 § 52, 2003; Ord. 977 § 1 Ex. A (part), 1987)

18.128.080 Effective date.

A.    A variance shall take effect ten days following the date of the decision, unless an appeal is filed as provided in and pursuant to the appeals chapter of this title.

B.    No building permit or Code Compliance Certificate may be issued until the expiration of such period or the determination of all appeals, whichever occurs last. (Ord. 977 § 1 Ex. A (part), 1987)