Chapter 18.430


18.430.010    Purpose.

18.430.020    Applicability.

18.430.030    Review authority.

18.430.040    Application.

18.430.050    Review, notice, and hearing.

18.430.060    Findings and decision.

18.430.070    Post-decision procedures.

18.430.010 Purpose.

This chapter provides a mechanism for consideration of variances from the development standards of the development code when, due to strict application of the standards, the property owner is denied privileges enjoyed by other property owners in the vicinity and in the same zoning district because of special circumstances applicable to the subject property, including location, shape, size, surroundings, topography, or other physical conditions. [Ord. 12-4. DC 2012 § 122-980].

18.430.020 Applicability.

A variance may be granted to waive or modify a requirement of the development code, except in no case shall a variance be granted to:

A. Allow a use that is not otherwise allowed in the zoning district where the subject property is located, Division II of this title (Zoning DistrictsUses and Standards);

B. Increase the maximum allowed residential density;

C. Increase the maximum allowed floor area ratio (FAR); or

D. Waive a specific prohibition (for example, to allow a sign where not allowed). [Ord. 12-4. DC 2012 § 122-981].

18.430.030 Review authority.

A. Planning Division. The planning division may approve a variance if a public hearing is not requested, pursuant to CDC 18.500.040.

B. Zoning Administrator. When a hearing is requested, the zoning administrator shall hold a public hearing in compliance with Chapter 18.500 CDC (Public Hearings).

C. Referral. The zoning administrator may refer any variance application to the planning commission for a decision. [Ord. 12-4. DC 2012 § 122-982].

18.430.040 Application.

Applications for variances shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the variance checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It shall be the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.430.060(A) (Findings). [Ord. 12-4. DC 2012 § 122-983].

18.430.050 Review, notice, and hearing.

A. Review. Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.

B. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings). The notice shall state that the zoning administrator will decide whether to approve or disapprove the variance on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

C. Hearing. When a hearing is requested, a notice of the hearing shall be provided in compliance with Chapter 18.500 CDC (Public Hearings), and the zoning administrator shall conduct the hearing before making a decision on the application. [Ord. 12-4. DC 2012 § 122-984].

18.430.060 Findings and decision.

A. Findings. A variance may be approved, with or without conditions of approval, based on all of the following findings:

1. The strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions;

2. Such special circumstances were not created by the owner or applicant;

3. The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zoning district where the property is located; and

4. The variance does not authorize a use or activity which is not otherwise expressly authorized in the zoning district where the property is located (see Division II of this title, Zoning DistrictsUses and Standards).

B. Parking Variances. A variance from parking requirements for nonresidential uses may be granted to allow some or all of the required parking spaces be located off site or to allow for in-lieu fees or facilities instead of the required parking spaces, as required by Government Code Section 65906.5, if both of the following conditions are met:

1. The variance will be an incentive to, and a benefit for, the nonresidential development; and

2. The variance will facilitate access to the nonresidential development by patrons of public transit facilities.

C. Decision. The decision shall be in writing stating the reasons for the decision, the findings, and any conditions of approval. [Ord. 12-4. DC 2012 § 122-985].

18.430.070 Post-decision procedures.

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a variance. [Ord. 12-4. DC 2012 § 122-986].