Fowler Municipal Code § 9-5.27.08 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.

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.

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.

9. 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.