Fontana Municipal Code Div. 14 Variance, Administrative and Major

An administrative variance is permission to depart from the Zoning and Development Code, because of special circumstances unique to a specific property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. Any administrative variance granted shall not constitute a special privilege.

The Director of Community Development or designee is authorized to approve or deny administrative variance applications.

Prior to the filing of an application for an administrative variance, the applicant or the applicant's representative shall apply for a pre-application conference with City staff. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1906, § 51, 10-25-22)

(a) Applications for an administrative variance shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b) At a minimum, the application shall include:

(1) A statement that the applicant is the owner of the subject property or an agent thereof;

(2) The legal description of the property involved, the proposed use, and site plans;

(3) A reference to the specific provisions of this chapter that are applicable to the requested variance; and

(4) The specific use and standard for which the administrative variance is being requested shall be described in detail.

The Community Development Director shall be authorized to approve the following types of administrative variances:

(1) Modifications of ten percent or less of any zoning district setback, lot width, lot depth, building coverage, building height, or wall height standard.

(2) Alternate parking plans involving a modification of ten percent or less of any of the off-street parking and loading standards.

Editor's note— Ord. No. 1906, § 52, adopted Oct. 25, 2022, repealed § 30-207, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Director of Community Development may grant an administrative variance from the requirements of Division 14, of this article herein where practical difficulties, unnecessary hardships, or results contrary to the intent of this chapter would occur from the strict and literal interpretation and enforcement of the Code. An administrative variance may be granted upon conditions which will ensure the protection of the public safety, health, and welfare. To grant an administrative variance, the Director of Community Development shall make the following findings:

(1) That because of circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this chapter will deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2) That the granting of such an administrative variance will be subject to conditions assuring that the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and

(3) That the administrative variance does not authorize a use or activity which is not a specifically allowed use in the zoning district in which the property is located.

Notice of hearings for an administrative variance shall be as set forth in Division 4 of this article herein.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Upon receipt of a complete application for administrative variance a time and place for the hearing before the Director of Community Development shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.

Each administrative variance granted under the provisions of this article shall become null and void two years after the date of the action approving the administrative variance unless:

(1) The construction authorized by the administrative variance or permit has been commenced within two years after the granting of the administrative variance and diligently advanced to completion; or

(2) The occupancy of land or buildings authorized by the administrative variance has taken place within two years after the granting of the administrative variance; or

(3) The decision approving an administrative variance contains in its findings and conditions specific authority for extending the time limit defined; or

(4) The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

A variance, major is permission to depart from Zoning and Development Code, because of special circumstances unique to a specific property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. A variance, major is intended to examine when the strict interpretation of the provisions of this chapter causes physical hardship due to the property's unique size, shape, topography, location, or other physical condition. A variance, major may be granted for relief from certain provisions of the Code. Any variance, major granted shall not constitute a special privilege.

The Planning Commission is authorized to approve or deny applications for variance, major, and to impose conditions upon such approval.

(Ord. No. 1906, § 53, 10-25-22)

Prior to the filing of an application for a variance, major, the applicant or the applicant's representative shall apply for a preapplication conference with Director of Planning. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1951, § 4(Exh. A), 5-28-24)

(a) Applications for a variance, major shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b) At a minimum, the application shall include:

(1) A statement that the applicant is the owner of the subject property or an agent thereof;

(2) The legal description of the property involved, the proposed use, and site plans;

(3) A reference to the specific provisions of this chapter that are applicable to the requested variance, major; and

(4) The specific use for which the variance, major is being requested shall be described in detail.

Editor's note— Ord. No. 1951, § 4(Exh. A), adopted May 28, 2024, repealed § 30-217, which pertained to Development Advisory Board (DAB) review and carried no amendatory history.

Either the Planning Commission or City Council may grant a variance, major from the requirements of this chapter where practical difficulties, unnecessary hardships, or results contrary to the intent of this chapter would occur from the strict and literal interpretation and enforcement of the Code. A variance, major may be granted upon conditions which will ensure the protection of the public safety, health and welfare. To grant a variance, major, the Commission must find from the facts presented that the following conditions exist.

(1) That because of circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this chapter will deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2) That the granting of such a variance, major will be subject to conditions assuring that the variance, major shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and

(3) That the variance, major does not authorize a use or activity which is not a specifically allowed use in the zoning district in which the property is located.

Notice of hearings for variance, major shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for variance, major a time and place for the public hearing for the matter shall be set not less than ten days nor more than 51 days thereafter.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Each variance, major granted under the provisions of this article shall become null and void two years after the date of the action approving the variance, major unless:

(1) The construction authorized by the variance, major or permit has been commenced within two years after the granting of the variance, major and diligently advanced to completion; or

(2) The occupancy of land or buildings authorized by the variance, major has taken place within two years after the granting of the variance, major; or

(3) The decision approving a variance, major contains in its findings and conditions specific authority for extending the time limit defined; or

(4) The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)