Chapter 18.270 — VARIANCES

Sections:

18.270.010 Purpose. 18.270.020 Variance in use prohibited. 18.270.030 Application and accompanying material. 18.270.040 Public notice and hearing. 18.270.050 Approval authority. 18.270.060 Action and fndings by approval authority. 18.270.070 Efective date – Appeals. 18.270.080 Time limits, expiration and revocation of variances. 18.270.090 Amendments to variance approvals.

The purpose of the variance is to allow variation from the strict application of the terms of this title where, because of special circumstances applicable to the property, the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. (Ord. 9-2014 § 39, 3-4-14.)

In no case shall a variance be granted to permit a use that is not permitted in that district. (Ord. 9-2014 § 39, 3-4-14.)

An application for a variance shall be submitted to the zoning administrator on a form prescribed for that purpose by the city. The application shall include all required fees and/or deposits and all information and materials required by the city, including evidence to support the findings required to approve the variance. Applications may only be filed by the property owner or by the owner’s agent with the written consent of the property owner. (Ord. 9-2014 § 39, 3-4-14.)

The approval authority shall conduct a public hearing on an application for a variance. At least 10 days prior to the public hearing, notice shall be given of the proposed variance as set forth in Chapter 18.320. (Ord. 9-2014 § 39, 3-4-14.)

(a) Zoning Administrator. Notwithstanding any other provision of this title, the zoning administrator shall consider and act upon a variance application after a public hearing, except as specified in subsection (b) of this section.

(b) Planning Commission. Where a variance application is required in conjunction with another permit where the planning commission is the approval authority, the planning commission shall consider and act upon a variance application after a public hearing. The zoning administrator may also refer a variance to the planning commission for decision when the zoning administrator determines that a variance application warrants consideration by the planning commission. (Ord. 9-2014 § 39, 3-4-14.)

The approval authority may approve, conditionally approve, or deny an application for a variance. The approval authority shall approve or conditionally approve a variance only when all of the following findings can be made:

(a) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives the property of privileges enjoyed by other properties in the vicinity and under an identical zone classification.

(b) The variance is subject to such conditions, if necessary, as will assure that the variance authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located.

(c) The variance will not adversely affect any general plan goal or policy or any applicable community or specific plan.

The approval authority may impose any reasonable conditions to ensure that the required findings can be made. (Ord. 9-2014 § 39, 3-4-14.)

A decision of the approval authority shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. No variance shall be granted on appeal unless the findings set forth in Section 18.270.060 are made by the planning commission or city council, as the case may be. (Ord. 9-2014 § 39, 3-4-14.)

(a) A variance shall be considered to be attached to and running with the land unless the permit has expired or has been revoked or modified.

(b) Time limits, expiration and revocation of variances shall be subject to the procedures described in Chapter 18.330. (Ord. 9-2014 § 39, 3-4-14.)

Amendments to approved variances shall be subject to the same application and review requirements as a new variance application. (Ord. 9-2014 § 39, 3-4-14.)

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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