Fowler Municipal Code Ch. 9.95 Variance

The purpose of this Chapter is to establish a variance procedure to waive or modify the zoning standards under certain special circumstances if specific findings can be made. It is recognized that under certain circumstances, the strict or literal interpretation and enforcement of the provisions of the zoning regulations may deprive a property of development potential enjoyed by other properties in the vicinity under the identical zone.

An application for a Variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a Variance. The provisions of this Chapter shall not apply to public safety regulations based on authority mandated by State law or other ordinances.

A. Application Filing and Processing. Applications for a Variance shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Variance shall be reviewed and approved by the designated authority as follows:

A. Recommending Authority. The Director shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Variance.

B. Approving Authority. The Planning Commission is authorized to approve, conditionally approve, or deny an application for a Variance.

A public hearing is required prior to taking action on an application for a Variance. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Variance, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A. Requirements for special building setbacks, open spaces, buffers, fences, walls, landscaping, and screening.

B. Requirements for installation and maintenance of landscaping and erosion control measures.

C. Requirements for street and other infrastructure improvements and related dedications.

D. Regulation of vehicular ingress, egress, and traffic circulation.

E. Regulation of hours of operation or other characteristics of operation.

F. Requirements for increased security.

G. Requirements for periodic review.

H. Requirements for special building design and features to enhance the visual impact and integrate the use into the community.

I. Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving an application for a Variance, the approving authority shall make all the following findings:

A. There are exceptional and/or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone.

B. Granting of the Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zone.

C. Granting of the Variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements.

D. Granting of the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located.

E. Granting of the Variance does not allow a use or activity which is prohibited by the zone in which the property is located.

F. Granting of the Variance will not be inconsistent with the goals and policies of the adopted General Plan or applicable Specific Plan.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Variances shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on applications for a Variance are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

A. Variances shall expire one (1) year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

B. Exceptions. A Variance may be valid for a longer period if specified by the approving authority.

Variances may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Amendments to an approved Variance shall be processed as a new application.