Fresno Municipal Code Art. 55 Variances

This article is intended to provide a mechanism for relief from the strict application of this Code where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Variances may be granted in conjunction with a Development Permit to vary or modify dimensional and performance standards, but Variances may not be granted to allow uses or activities or increase density that this Code does not authorize for a specific lot or site.

B. Any lawfully established use, site features, structure, or lot that is in existence on the effective date of this Code or any subsequent amendment, but was made non-conforming when a portion was acquired by a governmental entity so that the parcel or a property development standard, such as landscaping or parking, is reduced from the prescribed standards of the underlying Zone District, shall be exempted from obtaining a Variance. Future improvements shall comply with the strict application of the District, unless a deviation is granted.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Review Authority of the associated Development Permit shall approve, conditionally approve, or deny applications for Variances based on consideration of the requirements of this article.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Article 50, Common Procedures.

B. In addition to any other application requirements, the application for a Variance shall include data or other evidence showing that the requested Variance conforms to the required findings set forth in Section 15-5506, Required Findings.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

All applications for Variances shall be noted on the public notice that is required for the associated Development Permit pursuant to Section 15-5007, Public Notice.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A Variance, including variances from the terms of open-space zoning, shall only be granted if the Review Authority determines that the project as submitted or as modified conforms to all of the following criteria. If the Review Authority determines that it is not possible to make all of the required findings, the application shall be denied.

A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning classification, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone classifications;

B. The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience, nor the preservation and conservation of open space lands; and

D. The granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable operative plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, and of the General Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 4, eff. 10-31-19).

In approving a Variance, the Review Authority may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 15-5506, Required Findings.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A decision on a Variance may be appealed pursuant to the provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Variances may only be modified as provided for in Article 50, Common Procedures.

(Added Ord. 2015-39, § 1, eff. 1-9-16).