Sections:
10-20.70.010 Purpose
10-20.70.020 Filing of Applications
10-20.70.030 Board of Adjustment Review
10-20.70.040 Board of Adjustment Decision
10-20.70.050 Standards for Granting Variances
10-20.70.060 Conditions
10-20.70.070 Effect of Approval or Denial
10-20.70.080 Appeals from the Board of Adjustment
10-20.70.010 Purpose
The purpose of a variance is to provide a means whereby the literal terms of these regulations need not be applied where circumstances or conditions not created by or in control of a property owner have created practical difficulties or unnecessary hardships that undermine the spirit of these regulations or undermine public safety and welfare.
10-20.70.020 Filing of Applications
A petition for a variance may be initiated only by the owner of the affected property, an agent authorized in writing to act on the owner’s behalf, or a person having a written contractual interest in the affected property. An application for a variance shall be submitted to the Director or the Zoning Code Administrator in writing on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process. The application shall include the information and materials specified in the checklist for variances, together with the required fee established in Appendix 2, Planning Fee Schedule.
10-20.70.030 Board of Adjustment Review
An application for a variance shall be reviewed by the Board of Adjustment in compliance with the review schedule on file with the Planning Section. The recommendation of the Director or the Zoning Code Administrator shall be submitted to the Board of Adjustment prior to the public meeting and shall set forth whether the variance should be granted or denied and the grounds for such recommendation.
10-20.70.040 Board of Adjustment Decision
The Board of Adjustment shall review the application and the recommendation of the Director or the Zoning Code Administrator and shall conduct a public meeting on the application. At the conclusion of the public meeting, the Board of Adjustment shall review the application in light of the standards set forth in Section 10-20.70.050, Standards for Granting Variances, the testimony at the public meeting, and the record. The Board of Adjustment shall then grant the variance, grant the variance subject to specified conditions, or deny the variance.
10-20.70.050 Standards for Granting Variances
A variance shall only be granted if the applicant demonstrates all of the following:
A. That, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
B. That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
C. The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and
D. The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a nonconforming use or structure, or (3) would change the terms of the zone of any or all of the subject property.
10-20.70.060 Conditions
Issuance of a variance may be made subject to such conditions as are necessary to carry out the purposes of these regulations and ensure that the variance authorized shall not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. Conditions serving to prevent or minimize adverse effects upon other property in the neighborhood shall include, but shall not be limited to: limitations on size and location, hours of operation, requirements for landscaping or buffer yards, lighting, and ingress and egress.
10-20.70.070 Effect of Approval or Denial
A. After the Board of Adjustment approves a variance, the applicant shall be required to follow the procedures of this chapter for any additional applicable permits in order to proceed with the development of the subject property. Any variance granted shall be void if the use is not commenced or if a building permit has not been obtained within one year of the permit being granted or within the time stipulated at the time the variance was approved. All subsequent orders, decisions, determinations and interpretations made by the City in compliance with those procedures shall be consistent with the variance granted to the applicant. Any request for extension of an approved variance shall be processed as a new request in compliance with this division. No request for variance which has been denied by the Board of Adjustment may be resubmitted as substantially the same request for a period of one year from the date of denial.
B. If a structure is erected on a parcel for which a variance has been approved, and the parcel is the subject of a Zoning Map amendment, such structure may become a legal nonconforming structure if following adoption of the Zoning Map amendment the structure violates the terms of the new zone.
C. Figure 10-20.70.070A, Variances, summarizes the procedure for obtaining a variance.
Figure 10-20.70.070A
Variances
|
Note: Action and public hearings by the Director, Zoning Code Administrator, or Board of Adjustment will be completed in accordance with the review schedule on file with the Community Development Division. |
10-20.70.080 Appeals from the Board of Adjustment
An applicant or any other person aggrieved by the decision of the Board of Adjustment or any taxpayer, officer or department of the City who is affected by the decision of the Board of Adjustment may appeal that decision directly to the Superior Court by filing a complaint for special action within 30 days after the Board has rendered its decision. Filing the complaint does not automatically stay proceedings on the decision sought to be reviewed, but the court may grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.