Sec. 44-1038. - Purpose.

(a)

The purpose and intent of this division is to provide a process for reviewing variance and minor exceptions applications, which are intended to allow for adjustment in the development standards of this chapter only when the strict application of this Code denies the property owner privileges enjoyed by other property owners in the vicinity and within identical zoning districts. Special circumstances that justify the granting of a variance or minor exception include the location, shape, size, surroundings, or topography of a site.

(b)

Any variance or minor exception granted shall be subject to conditions that would ensure that the variance does not constitute a granting of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated, in compliance with State law (Government Code § 65906). The reviewing authority may grant a variance or minor exception from any property development standard (including setbacks, heights, parking requirements, and other numerical standards) in this zoning code, subject to the procedures set forth in this section. Except for the minor exceptions listed below, all requests to deviate from code requirements shall require the approval of a variance. In calculating percentages specified in this section, rounding up of fractions shall not be permitted. The following deviations from code requirements may be processed as minor exceptions:

(1)

Minor exceptions for up to ten percent of standard. Any deviation of numerical standard contained in this zoning code of ten percent or less of the maximum or minimum standard may be granted.

(2)

Minor exceptions are not applicable to new construction projects as define in Section 44-10.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1039. - Types of variances.

The review authority identified in Table IV-1 in Section 44-485 may grant approval of variances from the requirements of this chapter governing only the following development standards:

(1)

Dimensional standards. Dimensional standards including distance-separation requirements, lot area, fence and wall requirements, landscape and paving requirements, lot dimensions, on site parking areas, and open space.

(2)

Driveway length. A reduction in the required driveway length.

(3)

Onsite parking. A reduction in the number of required onsite parking spaces and/or loading spaces.

(4)

Parcel coverage. An increase in the maximum percent of parcel coverage allowed.

(5)

Setback/yard area. A reduction in the required setback/yard areas for structures, landscaping, swimming pools/spas, and equipment.

(6)

Signs. A change related to the number, size, placement, or illumination.

(7)

Structure height. An increase in the maximum allowed height of a structure.

(8)

Other standards. Other standards including operational/performance standards relating to dust, hours of operation, landscaping, light, noise, parking, and other controls established by this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1040. - Application.

(a)

Contents. Applications for a variance shall be in compliance with Division 1 of this article.

(b)

Additional requirements. Applications for a variance shall also contain statements that address the following:

(1)

The precise nature of the variance requested.

(2)

The hardship or practical difficulty that would result from the strict interpretation and enforcement of this chapter.

(3)

Proof that the application meets the findings specified in Section 44-1041. The burden of proof to establish evidence in support of the findings is within the responsibility of the applicant.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1041. - Findings.

Following a public hearing held in compliance with Article IV, Division 2, the review authority shall record the decision along with the findings upon which the decision is based, in compliance with State law (Government Code § 65906). The review authority may approve an application, with or without conditions, only if all the following findings of fact can be made:

(1)

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

(2)

Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

(3)

Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1042. - Conditions.

In approving a variance, the review authority may impose specific development conditions relating to both on-site and off-site improvements (e.g., dedications, easements, and public improvements), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 44-1041.

(Ord. No. 2015-01, § 3, 5-5-2015)