Chapter 17.140 — VARIANCES - MINOR

(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 Minor Variances. Major Variances are addressed in the preceding Chapter 17.135.

(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 Minor 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) Up to a thirty percent (30%) reduction in the number of required parking or loading spaces.

(b) Up to a forty percent (40%) reduction of the required front yard, provided that a setback of at least fifteen feet (15') to the front property line is maintained

(c) Up to a forty percent (40%) reduction of the required side yard setback, provided that a setback of at least three feet (3') is maintained, consistent with the requirements of the applicable Fire Code.

(d) Up to a thirty percent (30%) reduction of the required rear yard setback.

(e) Up to a thirty percent (30%) reduction of the required minimum lot coverage standard.

(f) Up to a thirty percent (30%) increase in the maximum height. Any height increase of not more than two feet (2') shall be considered a Minor Variance. Any other deviation shall be considered a Major Variance and subject to the provisions of Chapter 17.135 of this Zoning Code.

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

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

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

(c) A statement that the application meets the findings specified in Section 17.140.060.

(a) An application shall be filed pursuant to the provisions of Chapter 17.100 of this Zoning Code. Upon acceptance of a Minor Variance application as complete, the Planning Director or his/her designee shall review the application for conformance with the provisions of this Zoning Code. No public hearing shall be required. Based on this review, the Director shall act to approve, conditionally approve, or deny the application.

(b) Within thirty (30) days of receiving a completed application, the Director shall prepare a written report stating his/her decisions and findings. The report shall recite, among other things, the facts and reasons which make the granting or denial of the Minor Variance necessary to carry out the provisions and general purpose of this Zoning Code. Conditions may be imposed on the Minor Variance. The report shall be mailed to the applicant via certified mail or by similar means guaranteeing proof of delivery.

The decision of the Planning Director is considered final on the date that the report is issued. The decision shall become effective immediately, unless an appeal has been filed with the Planning Commission.

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

In granting a Minor Variance, the Director, and Planning Commission or 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 Minor 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 17.140.050 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.