Article 27 — VARIANCES AND MINOR DEVIATIONS

A.

The Commission may grant variances in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of regulations prescribed by this ordinance. A practical difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from physical conditions on the site or in the immediate vicinity, or from population densities, street locations, or traffic conditions in the immediate vicinity. The power to grant variances is subject to appeal to the Council.

A.

Application for a variance shall be made to the Commission and shall include the following:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

3.

Address and legal description of the property.

4.

The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal.

5.

The purposes of the variance and the general description of the use proposed.

B.

The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application.

C.

If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application.

A.

Notice of the Commission hearing shall be given in accordance with Article 4.

9-5.27.04 - Commission Findings

A.

The Commission may grant a variance to a regulation prescribed by this ordinance with respect to fences and walls, site area, width, frontage, coverage, front yard, rear yard, side yards, height of structures, distances between structures, landscaped areas, signs, or parking (if based on the findings of a parking study prepared by a registered traffic engineer) or in modified form if the Commission makes the following findings:

1.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the Zoning Ordinance.

2.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone.

3.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone.

4.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone.

5.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

B.

The Commission may grant a variance with respect to off-street parking facilities, if the Commission makes the required findings and also finds that the granting of the variance will not result in vehicle parking so as to interfere with the free flow of traffic.

C.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions.

D.

The Commission shall announce its recommendation by resolution within forty (40) days after the conclusion of the public hearing. Such resolution shall set forth the findings of the Commission deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the community as a whole.

9-5.27.05 - Appeal to the City Council

A.

The Commission's action may be appealed to the Council in conformance with Sections 9-5.418 and 9- 5.419.

B.

Notice of an appeal hearing before the Council shall be subject to the same provisions of the Commission hearing.

C.

The Council may affirm, reverse, or modify a decision granting a variance. If modified, the Council shall, on the basis of the record transmitted by the Commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance prescribed in Section 9-5.27.04.

D.

A variance shall become effective immediately when granted or affirmed by the Council.

A.

A variance granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valued upon a change of ownership of the site or structure that was the subject of the variance application.

A.

Expiration, extension of time, and expiration by non-use of a variance shall be subject to the requirements of Article 4.

B.

Revocation of a variance shall be subject to the requirements of Article 4.

C.

The Council, on its own motion, at a public hearing, with or without a recommendation from the Commission, may revoke any variance for noncompliance with the conditions set forth in granting such permit.

A.

When in the public interest, the Director may consider and render decisions on applications involving minor deviations from the provisions of this chapter, limited to the following:

1.

Area and lot dimension requirements may be reduced by not more than ten (10) percent of that required in the district.

2.

Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than ten (10) percent of the area of a required yard.

3.

Maximum building height may be increased by not more than ten (10) percent.

4.

The reconstruction or remodeling of nonconforming buildings may be permitted if, in the Director's judgment, it will bring such buildings and subsequent use into greater conformity with the use permitted in the district.

5.

Wall and fencing requirements in the P, C, and M Districts may be waived provided adjacent residential parcels are proposed for nonresidential use as shown on the adopted General Plan.

6.

Maximum sign size may be increased by not more than ten (10) percent.

7.

Residential fencing may be increased to a height not to exceed seven (7) feet.

8.

Required off-street parking may be reduced by not more than ten (10) percent.

Parking lot shading requirements may be reduced by not more than ten (10) percent.

B.

Such decisions shall be based on the findings of Section 9-5.27.04.

C.

The Director shall make such decisions within fifteen (15) days after the date of the filing of such applications.

D.

The denial by the Director of an application involving a minor deviation shall not prohibit or affect the right of the applicant to file an application for a variance pursuant to the provisions of this section.

ARTICLE 28 - PLANNED UNIT DEVELOPMENTS

Planned unit developments (PUDs) are encouraged to achieve a more functional and aesthetically pleasing environment that otherwise might not be possible by strict adherence to the regulations of this ordinance. A planned unit development may include a combination of different dwelling types and/or a variety of land uses made to complement each other and harmonize with existing and proposed land uses in the vicinity.

A PUD may be located in any district upon the granting of a conditional use permit or by applying the PUD Overlay District in accordance with the provisions of Section 9-5.28.10 of this chapter.

A.

A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

1.

Any combination of uses permitted in an R or RM District.

2.

Within any R or RM district, up to thirty-five (35) percent of the PUD may be developed with uses permitted or conditionally permitted in the C-1 district.

3.

Within any C-1 or C-2 district, up to thirty-five (35) percent of the PUD may be developed with uses permitted or conditionally permitted in the RM district.

4.

Any combination of uses permitted in any C-1, C-2, C-3, C-H, M-1, or M-2 District as a permitted use, a use permitted by administrative approval, or conditional use, may be located in a PUD located in an M-1 or M-2 District.

The minimum site area for a PUD shall be one (1) acre.

A.

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, offstreet parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the district in which the PUD is located if the applicant has demonstrated through a design proposal that the objectives of the zoning ordinance and the objectives of this article will be achieved.

B.

Usable open space shall be provided for all planned unit developments that include residential uses. Such open space shall include a minimum of ten (10) percent of the net site area of the residential portion of a PUD.

C.

The number of dwelling units shall not exceed the maximum density prescribed by the General Plan or the site area regulations in which the planned unit development is located.

D.

PUDs shall be subject to the following site design criteria:

1.

Location of proposed uses and their relationship to each other shall be consistent with General Plan policies and zoning requirements.

2.

Such features as the viewshed and mature vegetation are to be considered.

3.

If a planned unit development is located adjacent to an arterial or collector street, or other existing possible land use conflict, adequate buffering shall be included in the plan.

Landscaping shall conform with the general standards imposed by the underlying zone. Additional landscaping may be required as part of a PUD.

5.

Vehicle circulation shall be based on a street pattern as outlined within the Circulation Element of the General Plan. Use of private streets and variations to normal City street standards are encouraged.

6.

Pedestrian access and bicycle paths should be incorporated within PUDs when possible.

7.

Parking shall conform with the parking standards contained in Chapter 9-5.20

8.

Guest parking and storage parking shall be encouraged.

9.

Parking shall be screened from adjacent public rights-of-way to the maximum extent possible. Such screening may include plantings, fences, or landscaped berms.

The regulations prescribed in Article 25, Conditional Use Permits, shall control the procedure for processing a planned unit development, subject to the following procedures:

A.

The application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for: types, lot layout, locations, heights and elevations of structures and landscaped areas; draining of storm water; public utility rights-of-way; streets, driveways and pedestrian walks; off-street parking and loading facilities; and reservations and dedications for public uses.

B.

The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use, the average population density and the number of housing units per acre in the area proposed to be devoted to residential use.

C.

When a PUD involves a tentative parcel map or subdivision map and/or that would also necessitate exceptions to regulations of the subdivision ordinance, the Commission may grant tentative approval of the

proposal. Where such tentative approval is requested by the applicant, the requirements of paragraph A. and B. of this section may be waived temporarily, provided the applicant submits the following:

1.

In lieu of the drawing of the site prescribed in paragraph A., the application shall be accompanied by a schematic drawing showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

2.

A statement setting forth the means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and landscape maintenance, area to be devoted to various uses and population density per net acre contemplated by the applicant. Upon approval of a tentative subdivision map, the applicant shall submit a development plan in accordance with the requirements of paragraphs A. and B. of this section before the Commission may grant a final approval of the applicant's proposal.

D.

The Commission shall hold a public hearing in conformance with Article 4. The decision of the Commission shall be final unless appealed to the Council in conformance with Article 4.

E.

In cases where a density bonus is requested in conformance with Article 23, the Commission's recommendation shall be forwarded to the Council for final hearing and decision.

A.

The Commission may grant a use permit for a PUD as submitted or in modified form if, on the basis of the application and the evidence submitted, the Commission makes the following findings:

1.

That the proposed location of the PUD is in accordance with objectives of the zoning ordinance.

2.

That the proposed location of the PUD and the conditions under which it would be operated will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

3.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off-street loading, landscaped areas and

street design will produce a stable and desirable environment consistent with the objectives of the zoning ordinance.

4.

That the proposed PUD will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5.

That the combination of different dwelling types and/or variety of land uses will complement each other and will harmonize with existing and proposed land uses in the vicinity.

A.

Minor amendments to an approved PUD may be granted by the Director. Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to:

1.

Changes in residential density (more than ten (10) percent).

2.

Changes in land use relationships.

3.

Changes in the location and/or scope of open space.

4.

Changes in circulation patterns.

5.

Other changes as determined by the Commission upon request by the applicant or Director.

A.

A permit for a PUD shall expire, be revoked, or be extended in conformance with Article 4.

The PUD Overlay District is intended for application to those residential, office, commercial, and industrial base zoning districts designated by the General Plan or by the City Council as areas to assure that property

will be developed in a manner superior to that which would otherwise be achieved through regulations of the base zoning district.

A.

The development of property within a PUD Overlay District shall be subject to all of the regulations and procedures prescribed within this Chapter.

B.

The PUD Overlay District shall be designated on the Zoning Map by use of the symbol otherwise used to designate the underlying zone district, followed by the letters "PUD".

C.

The PUD Overlay District may be established at any time, either concurrently with, and as a part of, the proceedings for the establishment or change of zoning, or with respect to any established zone.