Chapter 17.135 — VARIANCES - MAJOR

(a) The Variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

(b) The City has established two (2) types of Variance applications: Major Variances and Minor Variances. This Chapter addresses Major Variances. Minor Variances are addressed in Chapter 17.140 of this Zoning Code.

(c) Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this Zoning Code governing that property. A Variance is not a substitute for a zone change or zone text amendment.

A Major Variance application shall be filed pursuant to the provisions of Section 17.100.020 whenever any of the following deviations from the provisions of this Zoning Code are proposed:

(a) A greater than thirty percent (30%) reduction in the number of required parking or loading spaces.

(b) A greater than forty percent (40%) reduction of the required front yard or side yard setback.

(c) A greater than thirty percent (30%) reduction of the required rear yard setback.

(d) A greater than thirty percent (30%) reduction of the required minimum lot coverage standard.

(e) A greater than (30%) increase in the maximum building height.

(f) Any change related to the size, placement, number, or illumination of on-site and off-site signs.

(g) Any reduction in required driveway length as defined in Section 17.65.070(c) of this Zoning Code.

(h) Any other change not classified as a Minor Variance in Section 17.140.020 of this Zoning Code.

In addition to the application information required under Section 17.100.020 of this Zoning Code, an application for a Major Variance shall include:

(a) A description of the special circumstances or conditions applicable to the property;

• (b) The reasons as to why a Variance request has been filed; and

(c) A statement that the application meets the findings specified in Section 17.135.060.

(a) An application shall be filed pursuant to the provisions of Chapter 17.100 of this Zoning Code. Upon acceptance of a Major Variance application as complete, the Director of Community Development or his/her designee shall review the application for conformance with the provisions of this Zoning Code. The Director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.100 of this Zoning Code.

(b) The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.100 of this Zoning Code.

(c) The Commission shall act to approve, conditionally approve, or deny the application.

(d) The Commission shall adopt a Resolution containing its decisions and findings. The Resolution shall recite, among other things, the facts and reasons which make the granting or denial of the Major Variance necessary to carry out the provisions and general purpose of this Zoning Code. Conditions may be imposed on the Major Variance.

The decision of the Commission is considered final on the date the Commission adopts a Resolution setting forth its decision. The decision shall become effective thirty (30) days after the adoption of the Resolution unless an appeal has been filed with the City Council.

If a Major Variance is not used (i.e., if construction in conformance with the Major Variance is not completed, or a use is not established) within three (3) years of the date of issuance, the Major Variance shall expire.

In granting a Major Variance, the Planning Commission, and City Council on appeal, must make the following findings:

(a) That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone; and

(b) That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question; and

(c) That the granting of such Variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and

(d) That in granting the Variance, the spirit and intent of this Zoning Code will be observed; and

(e) That the Variance does not grant special privilege to the applicant; and

(f) That the Variance request is consistent with the General Plan of the City of Adelanto.

A Major Variance that is valid and in effect and granted pursuant to the provisions of this Zoning Code and acted upon within the time frame established in Section 17.135.050 shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.