Chapter 23.143
VARIANCE
Sections:
23.143.030 Application required.
23.143.040 Approval authority.
23.143.050 Public hearing notice and procedure.
23.143.060 Notice of decision.
23.143.075 Approval findings for off-street parking variance.
23.143.080 Conditions of approval.
23.143.010 Purpose.
This chapter allows variances from the development standards of this zoning code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity in the same zoning district. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.010)].
23.143.020 Applicability.
A variance may be granted to waive or modify any requirement of this zoning code, except to:
A. Allow a land use not otherwise permitted in the zone;
B. Increase the maximum allowed residential density;
C. Waive a specific prohibition (e.g., prohibited sign);
D. Waive or significantly reduce parking requirements; or
E. Waive or modify a procedural requirement. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.020)].
23.143.030 Application required.
An application for a variance shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].
23.143.040 Approval authority.
Variances are a discretionary decision of the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].
23.143.050 Public hearing notice and procedure.
A public hearing and hearing notice shall be required for review and processing of a variance in accordance with the following:
A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).
B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].
23.143.060 Notice of decision.
The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].
23.143.070 Approval findings.
The approval authority may approve or approve with conditions an application for a variance after finding all of the following. If the approval authority does not make all of these findings, the variance shall not be approved, except as otherwise specified under RCMC 23.143.075 (Approval findings for off-street parking variance).
A. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this zoning code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district.
B. Granting the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought.
C. Granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
D. The variance is consistent with the General Plan, any applicable Specific Plan, or development agreement. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.040). Formerly 23.143.040].
23.143.075 Approval findings for off-street parking variance.
In the case of a nonresidential development project proposing to locate a portion of the required parking in an off-site location or provide in-lieu fees or facilities instead of the required on-site parking spaces, the approval authority shall first make both of the following findings, as required by Government Code Section 65906.5, instead of those required under RCMC 23.143.070 (Approval findings):
A. The variance will be an incentive to, and a benefit for, the nonresidential development.
B. The variance will facilitate access to the nonresidential development by patrons of public transit facilities. [Ord. 4-2017 § 3 (Exh. B)].
23.143.080 Conditions of approval.
In approving a variance, the approval authority:
A. Shall impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
B. May impose any reasonable conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this chapter. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.15.050). Formerly 23.143.050].
23.143.090 Appeals.
Appeals of a variance may be filed in accordance with RCMC 23.110.160 (Appeals). [Ord. 4-2017 § 3 (Exh. B)].
23.143.100 Permit expiration.
Variances shall expire three years from the date of approval, unless:
A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the variance holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; or actual occupancy of an existing building or land occurs under the terms of the permitted use.
B. An extension is filed for and approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).
Notice of expiration of a variance shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].
23.143.110 Amendments.
An applicant may request an amendment to a variance after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].