Chapter 18.26
VARIANCES
Sections:
18.26.020 Powers of City Planning Commission.
18.26.030 Application and fee.
18.26.050 Public hearing – Procedure.
18.26.060 Investigation and report.
18.26.070 Action of City Planning Commission.
18.26.080 Appeal to City Council.
18.26.100 Revocation, suspension or modification, grounds and procedures.
18.26.010 Purposes.
The City Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to permitted or conditional use regulations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.020 Powers of City Planning Commission.
The City Planning Commission may grant variances to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, signs, off-street parking facilities and off-street loading facilities, in accord with the procedure prescribed in this chapter. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.030 Application and fee.
A. Application for a variance should be made to the City Planning Commission and shall include the following data:
1. Name and address of the applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner.
3. Address or description of the property.
4. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title which would result from a strict or literal interpretation and enforcement of a specified regulation of this title, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in DMC 18.26.070.
5. An accurate scale drawing of the site and the surrounding area for a distance of three hundred (300) feet from each boundary of the site showing the location of existing streets and property lines and the name and last known addresses of the recorded legal owner of all property shown on the drawing.
B. The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than one (1) foot and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
C. The application shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of handling the application as prescribed in this section.
D. The application shall be filed with the Planning Director, who shall give notice to the applicant of the time when the application will be considered by the Commission, and he may give notice of the time to any other interested party. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.040 Hearing and notice.
A. The City Planning Commission may hold a public hearing on an application for a variance. The Commission may delegate to the Planning Director authority to decide whether a public hearing shall be held; provided, that the decision of the Planning Director may be changed by the Commission.
B. Notice of a public hearing shall be given not less than ten (10) calendar days nor more than thirty (30) days prior to the date of the hearing by posting a notice of the hearing at the City Hall of the City and by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Solano County as owning property within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use which is the subject of the hearing. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.050 Public hearing – Procedure.
At a public hearing the City Planning Commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in DMC 18.26.070. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.060 Investigation and report.
The Planning Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the City Planning Commission. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.070 Action of City Planning Commission.
A. The City Planning Commission may grant a variance to a regulation prescribed by this title if, on the basis of the application, the report of the City Planner and the evidence submitted, the Commission makes the following findings:
1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title;
2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district;
3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;
5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
B. The City Planning Commission may grant a variance to a regulation prescribed by this title with respect to signs, as the variance was applied for or in modified form, if on the basis of the application, the report of the Planning Director and the evidence submitted, the Commission makes the findings prescribed in subsection A of this section and the following additional findings:
1. That the granting of the variance will not detract from the attractiveness or orderliness of the City’s appearance.
2. That the granting of the variance will not introduce an inharmonious visual element into the district in which the sign would be located.
3. That the granting of the variance will not create a hazard to public safety.
C. The City Planning Commission may grant a variance to a regulation prescribed by this title with respect to off-street parking facilities or off-street loading facilities, as the variance was applied for or in modified form, if on the basis of the application, the report of the Planning Director and the evidence submitted, the Commission makes the findings prescribed in subsection A of this section and the following additional findings:
1. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
2. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
3. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this title.
D. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe.
E. The City Planning Commission may deny a variance application.
F. A variance shall become effective upon the expiration of ten (10) days following the date on which the variance was granted unless an appeal has been taken to the City Council. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.080 Appeal to City Council.
Appeals to the action of the Planning Commission may be filed in accordance with Chapter 18.40 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.090 Lapse of variance.
A variance shall lapse and shall become void one (1) year following the date on which the variance became effective unless prior to the expiration of one (1) year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application. A variance may be renewed for an additional period of one (1) year; provided, that prior to the expiration of one (1) year from the date when the variance originally became effective, an application for renewal of the variance is made to the Commission. The Commission may grant or deny an application for renewal of a variance. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.100 Revocation, suspension or modification, grounds and procedures.
A. The Planning Commission shall have the power to revoke, suspend or modify any variance for any of the grounds set forth in DMC 18.25.140 and 18.25.150.
B. No variance shall be revoked, suspended or modified except in compliance with the procedures prescribed in DMC 18.25.150. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.26.110 New application.
Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one (1) year of the date of denial or revocation of the variance. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]