Irvine Municipal Code Ch. 2-37 Variance

Variances from the terms of this zoning ordinance shall be granted only when, because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings, the strict application of this zoning ordinance deprives property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Any variance granted is subject to findings to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same land use category as the subject property. In reviewing a variance application, consideration may be given to previously approved and lawfully constructed buildings or sites that do not conform to current development standards. The power to grant variances does not extend to use regulations per State law. Variances for development located in the coastal zone (see Figure 2-7) are subject to special requirements for hearings and appeals, as set forth in Chapter 2-7.

(Code 1976, § V.E-227.1; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

A variance is required when any deviation, including reduction of the number of parking spaces (see Chapter 2-2 and Chapter 4-7), from the development standards of a zoning district is proposed (excluding deviations in building height, see Section 3-9-1.B) and the zoning ordinance does not provide for administrative relief from the standard involved. As provided in Section 3-9-1.B, deviations from maximum building height are subject to approval of a conditional use permit by the Planning Commission. A variance may be processed in conjunction with other discretionary permits or may be required prior to issuance of a building permit. In the event that the findings in Section 2-37-7 cannot be made, there is no allowable deviation from the standard except through a zone change.

(Code 1976, § V.E-227.2; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97)

A. Persons eligible. The property owner or authorized agent of the property owner may request a variance.

B. The information listed below is required at the time a variance application is submitted to the Community Development Department:

1. A complete development case application signed by the property owner or its authorized representative.

2. Plans as required by the Director of Community Development.

3. A deposit or fee as set forth by ordinance or resolution of the City Council.

4. A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 2-37-7.

5. Information required for public meetings and hearings, determined by the Director of Community Development (see Chapter 2-23).

6. Information as required by the City of Irvine variance information sheet.

7. Other information as required by the Director of Community Development.

(Code 1976, § V.E-227.3; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

The Zoning Administrator shall be the approval body for all variance cases, except when the application has been called up for review and action, prior to posting of the public notice, by a member of the Planning Commission. If the variance is accompanied by an application for an additional development case, such as a conditional use permit or a Master Plan, and the development case is to be acted upon by the Planning Commission, both the variance and development case shall be acted upon by the Planning Commission.

(Code 1976, § V.E-227.4; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97)

The approval body shall hold at least one public hearing on all variance applications in accordance with Chapter 2-23. The approval body shall by resolution approve, conditionally approve or deny, or approve in modified form, the variance request, based on the findings in Section 2-37-7 below.

(Code 1976, § V.E-227.5; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)

In order for the Zoning Administrator or Planning Commission to approve a variance, it shall find that:

A. The strict application of this zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity and in an identical zoning district because of special circumstances applicable to the property, such as size, shape, topography, location or surroundings.

B. The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same zoning district.

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

D. If located within the coastal zone, the granting of the variance will not adversely affect access to or along a shoreline, including physical, visual and psychological qualities of access, and will carry out the local coastal programs.

(Code 1976, § V.E-227.6; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 97-05, 5-13-97)

A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission approving, denying, or approving in modified form may be appealed to the City Council, within 15 calendar days of the decision in accordance with Chapter 2-5 (Appeal Procedure). The City Council's decision shall take effect immediately.

(Code 1976, § V.E-227.7; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 18-05, Exh. A, 4-24-18)

A. Zoning Administrator or Planning Commission action on a variance shall become effective 15 calendar days after the date of the Zoning Administrator's or the Planning Commission's decision unless appealed to the City Council.

B. A variance shall expire and become void three years following the date of validity on which it becomes effective unless:

1. A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2. A permit is issued authorizing occupancy of the site or structure; or

3. The site is occupied if no building permit or certificate of occupancy is required.

C. When a variance is due to expire, the Director of Community Development shall have the authority to extend the variance for one additional three-year period. The landowner must request an extension in writing at least 30 days prior to the expiration date, must provide a deposit or fee as set forth by ordinance or resolution of the City Council and must provide a letter of justification explaining how the following findings can be made:

1. All elements of the variance are consistent with the City's original findings.

2. All circumstances of the project are substantially the same as when the variance was originally approved.

The Director of Community Development shall approve or deny the extension based upon his or her concurrence with and verification of the above findings. Subsequent extensions shall require the filing of a new variance application. A decision by the Director of Community Development may be appealed to the Planning Commission using the same procedure as that specified in Chapter 2-5.

(Code 1976, § V.E-227.8; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 25-22, 9-9-25)

Failure to comply with any variance condition is a violation of this zoning ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any variance may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the variance approval.

(Code 1976, § V.E-227.9; Ord. No. 92-3, 4-14-92; Ord. No. 93-9, §§ 3—5, 6-22-93; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95)