Bell Municipal Code Ch. 15.20 Variances

Notwithstanding the provisions of this title, variances from the provisions thereof may be granted in the manner hereinafter prescribed where practical difficulties, unnecessary hardships or results inconsistent with the intent and purpose of the building regulations occur by reason of the strict and literal interpretation and application of any of the provisions to a proposed or existing building or structure.

(Prior code § 6450)

Before any variance hereunder is approved, the applicant must show to the satisfaction of the city council the existence of all of the following facts:

A. That there are exceptional or extraordinary circumstances or conditions which apply to the proposed or existing building or structure by reason of its type of construction or proposed usage which do not generally apply to other buildings or structures; and

B. That without the granting of such a variance, the proposed or existing building or structure cannot be accommodated by reason of the building regulations imposed by the code; and

C. That the granting of such variance will not constitute a special privilege and the building or structure will not be structurally inadequate or hazardous and will not constitute a fire hazard; and

D. That the granting of such variance will be consistent with the purpose and intent of the provisions of the Uniform Building Code.

(Prior code § 6450(a))

A. A person desiring to obtain a variance from the provisions of the building regulations of this city shall file a written application therefor with the director of building inspection. Such application shall contain the following information:

1. The name and address of the owner of the property or his or her designated agent;

2. The description and location of the property upon which it is proposed to construct the building or structure;

3. A detailed set of plans showing the proposed construction;

4. A statement of how, and in what manner, the proposed or existing building regulations are proposed to be varied, and the reasons therefor; and

5. Such other relevant information as may be required to explain and delineate the nature of, and reason for, the requested variance.

B. Upon receipt of such an application, the director of building inspection shall advise the city clerk thereof. The city clerk shall place the matter upon the council agenda for its next most convenient meeting. The applicant, and any other person requesting the same, shall be given five days' written notice of the time and place when such matter will be heard. The notice shall be by United States mail, postage prepaid, addressed to such persons at their last known address.

(Prior code § 6450(b))

A. At the time and place for the hearing upon the variance application, the city council shall give the applicant, and any other person interested in such matter, a reasonable opportunity to be heard. The applicant shall have the burden of proof to show that all of the facts required by Section 15.20.020 are present and apply to his or her application. Based upon the evidence presented, and any applicable staff reports submitted, the city council shall approve, conditionally approve or deny such application. If the council finds such facts are present, it shall approve the variance. Such approval may be conditioned so as to render the construction or reconstruction consistent with the purpose of the building regulations and compatible with adjacent and surrounding uses. If such facts are found not to exist, the application shall be denied.

B. The city council, in its discretion, may continue the hearing from time to time as may be necessary. The action of the council shall be by resolution and shall be final and conclusive.

(Prior code § 6450(c))