Hesperia Municipal Code § 16.12.220 Reviewing authority

Footnotes:

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Editor's note— Ord. No. 2011-08, § 3(Exh. A), adopted Aug. 2, 2011, amended Art. VI in its entirety to read as herein set out. Former Art. VI pertained to similar subject matter and derived from Ord. 192, Exh. A adopted 1994. See the Ordinance List and Disposition Table for full derivation.

The purpose of a variance or minor exception shall be to ensure that no property, because of special circumstances applicable to it, due to size, shape, topography, location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and land use designation.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. In no case shall a variance or minor exception be granted to permit a use other than a use permitted in the land use designation.

B. Any variance or minor exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. The reviewing authority may grant minor exceptions and variances from any property development standard in the city's adopted development code, subject to the procedures set forth in this article, when it is found that the strict and literal interpretation of such provisions would deny a use of property consistent with the intent and purpose of the code and the general plan.

B. Review and approval for the following minor exception requests will be through the administrative review with notice procedure, pursuant to Section 16.12.005(A)(2).

1. Fence Height. In any zone, the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum of two feet, for the total length or portion of said wall or other screening, where the topography of sloping sites or a difference in grade between abutting sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, provided that the increased height does not encroach into the clear sight triangle area. The requirement for an exception may be waived where the requesting party is located on the low side of said wall or other screening, and the proposal does not present visual impacts to an area larger than the properties directly involved in the request.

2. Setbacks. In any residential zone, the minimum setback may be decreased by not more than twenty (20) percent where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.

3. Lot Coverage. In any residential zone, the maximum lot coverage may be increased by not more than ten percent of the lot area, where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites.

4. Off-Site Parking. A maximum of twenty-five (25) percent of the required parking for a use may be located on a contiguous site, not more than three hundred (300) feet from the building entrance on the site for the use for which such parking will serve the use equally as effectively, safely and conveniently as providing such parking on the same site as the use for which it is required. For the purpose of this section, contiguous shall mean sharing a common lot line and shall not include parcels separated by a public right-of-way. The reviewing authority shall require an agreement to ensure utility, availability, and maintenance of joint use of off-site parking facilities.

5. On-Site Parking. The reviewing authority may authorize a maximum fifteen (15) percent reduction in the required number of parking spaces provided it will not result in a traffic hazard; however, no more than four spaces shall be eliminated.

6. Height. In any district, the reviewing authority may authorize a ten percent increase in the maximum height limitation for structures, not including signs. Such increases may be approved where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.

7. Signs. In any district, the reviewing authority may authorize a twenty-five (25) percent increase in the maximum sign area, or in the height of a freestanding or monument sign, where it can be determined that such increases are needed for sign visibility, will improve the architectural design of a site, and will not result in unsafe conditions, within the site or abutting properties.

8. Alternative Energy Systems. The maximum height and minimum yard regulations for windmills may be adjusted pursuant to Section 16.16.063. The granting of a minor exception shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and designation in which the property is situated. In reviewing a minor exception, the reviewing authority shall balance the need for the proposed placement and additional height to increase the efficiency of the windmill with its impact potential upon the surrounding area.

9. Other Exceptions. Exceptions may be considered, where in the opinion of the reviewing authority, such exceptions may not have a cumulative effect greater than those exceptions previously listed.

C. In calculating percentages specified in Section 16.12.220(B), rounding up of fractions shall not be permitted, and only whole numbers shall be considered.

D. Any request not listed in Section 16.12.220(B) shall be deemed a variance and shall be reviewed by the Planning Commission at a public hearing, pursuant to Section 16.12.005(A)(1). The hearing shall be set and notice given as prescribed in Section 16.12.010.

E. The planning commission is authorized to grant variances as prescribed in accordance with the procedure in this Title 16, with respect to development standards which include but are not limited to the following:

1. Fences, walls and screening, where the requested height exceeds more than twenty (20) percent of the total length of the wall or other screening, or where the requested variance presents visual impacts to an area greater than the properties directly involved;

2. Site area, width and depth;

3. Front, rear and side yards;

4. Lot coverage;

5. Height of structures;

6. Landscaping;

7. Usable open space;

8. Performance standards;

9. Parking and loading facilities;

10. Sign height, number and location.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2019-01, § 3(Exh. A), 2-5-19; Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

A. An application for a minor exception or variance shall be filed with the planning division, along with the required fee. The application shall be signed by the property owner or his authorized agent.

B. An application for a minor exception or variance shall be accompanied by a site plan showing the subject property as well as the surrounding area. The site plan shall show all existing and proposed buildings and uses, and any other data required by the planning division to adequately review the application.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The following requirements may be placed upon the development project by the reviewing authority as conditions of approval. All such conditions shall be binding upon the applicants and their successors.

A. Requirements for special yards, open spaces, buffers, fences, walls and screening;

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

C. Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;

D. Requirements for maintenance of landscaping and other improvements;

E. Establishment of development schedules or time limits for performance or completion;

F. Requirements for periodic review by the reviewing authority;

G. Any other such conditions as the reviewing authority may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the reviewing authority to make the findings required by Section 16.12.235.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The reviewing authority will consider the merits of the proposed minor exception or variance, and its compliance with the principles, standards, policies and goals of the general plan and the development code. Approval of any minor exception or variance shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying an application:

A. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development code;

B. 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 in the same land use designation;

C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same designation;

D. The granting of the minor exception or variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same designation;

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

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The planning commission may grant a variance in order that some or all of the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following conditions are met:

A. The variance will be an incentive to, and a benefit for, nonresidential development;

B. The variance will facilitate access to nonresidential development by patrons of public transit facilities.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

Following the denial or revocation of a minor exception or variance application, no application for the same or substantially the same application on the same or substantially the same site shall be filed within one year of the date of denial or revocation.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Prior to its effective date, any decision made on a minor exception request by the reviewing authority may be appealed to the planning commission, pursuant to the provisions of Section 16.12.055.

B. Prior to its effective date, any decision made on a variance by the planning commission may be appealed to the city council, pursuant to the provisions of Section 16.12.055.

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Any variance or minor exception granted under the provisions of this chapter shall become null and void unless:

1. The construction authorized by the variance or minor exception shall have been commenced within thirty-six (36) months after the granting of the variance or minor exception, and pursued diligently to completion.

2. The occupancy of land or buildings authorized by such variance or minor exception has taken place within thirty-six (36) months after the granting of such variance or minor exception.

B. Applications for renewal may be filed for additional twelve-month periods. Said renewal application must be filed prior to expiration of the application.

C. The reviewing authority may void any variance or minor exception for non-compliance with the conditions set forth in approving the variance or minor exception. The procedure shall be in accordance with Section 16.12.075

(Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)