Bradbury Municipal Code Ch. 46 Variance

The purpose of this chapter is to provide a method to process requests to deviate from the standards set forth in this title. It is recognized that under certain circumstances the strict adherence to the standards set forth in this title is impractical. The City may review requests for variances from the established standards when the public interest requires such consideration.

(Ord. No. 297, § 9.04.070.010, 3-20-2007)

When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this chapter. A variance will not be granted to permit a use not otherwise permitted in the zone within which the property is located.

(Ord. No. 297, § 9.04.070.020, 3-20-2007)

Before any variance shall be granted, the applicant must show, to the satisfaction of the Planning Commission or the City Council, all of the following facts:

(1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not generally apply to other properties in the same vicinity and zone;

(2) That because of such circumstances or conditions, such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question;

(3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property;

(4) That the granting of the variance will not adversely affect the General Plan nor the purpose and intent of the provisions of this title; and

(5) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 297, § 9.04.070.030, 3-20-2007)

Whenever the Planning Commission grants a variance, it may attach conditions thereof, as follows:

(1) To assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the zone in which such property is situated.

(2) To protect the public health, safety and general welfare, including conditions relating to yards, fences and walls, dedications, improvements, landscaping, regulation of nuisance factors, regulation of signs and such other matters as will make the development compatible with the neighborhood.

(3) For the requirement of a bond (in the form of cash, surety bond or certificate of deposit) for the purpose of guaranteeing faithful performance of any conditions imposed.

(Ord. No. 297, § 9.04.070.040, 3-20-2007)

The acceptance of any of the benefits of such grant shall constitute acceptance of the burdens and the conditions attached thereto.

(Ord. No. 297, § 9.04.070.050, 3-20-2007)

The attaching of conditions shall be construed as a material part of the grant, without which the application would otherwise be denied. The invalidation of any condition shall constitute invalidation of the entire grant.

(Ord. No. 297, § 9.04.070.060, 3-20-2007)