Lancaster Municipal Code § 17.32.270 Contents of application

The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:

A. Building line setbacks, yards, open space and buffer areas;

B. Height, lot coverage, density and bulk regulations;

C. Off-street parking spaces, maneuvering areas and driveway width, and paving standards;

D. Landscaping requirements;

E. Wall, fencing and screening requirements;

F. Street and highway dedication and improvement standards;

G. Lot area, depth, and width requirements;

H. Operating conditions such as hours of days of operation, number of employees, and equipment limitations;

I. Sign regulations other than outdoor advertising.

(Prior zoning ord. § 502.1)

Any person desiring any permit required by or provided for in this title, may file an application therefor with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.

(Prior zoning ord. § 502.2)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

An application for a variance shall contain the information required by Section 17.32.030.

(Prior zoning ord. § 502.3)

In addition to the information required in the application by Section 17.32.270, the applicant shall substantiate to the satisfaction of the commission the following facts:

A. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and

B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and

C. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone.

(Prior zoning ord. § 502.4)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.

(Prior zoning ord. § 502.5)

The commission may deny, without a public hearing, an application of a variance if such application does not contain the information required by Sections 17.32.270 and 17.32.280. The commission may permit the applicant to amend such application.

(Prior zoning ord. § 502.6)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

In all cases where an application is filed for a variance the commission shall hold a public hearing pursuant to the procedure provided by Article V of this chapter.

(Prior zoning ord. § 502.7)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

The commission may approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

A. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and

B. That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and

C. That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and

D. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.

The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission.

(Prior zoning ord. § 502.8)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.320.

(Prior zoning ord. § 502.9)

The commission in approving an application for a variance may impose such conditions as it deems necessary to insure that the adjustment will be in accord with the findings required by Section 17.32.320. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to those specified in Section 17.32.360.

(Prior zoning ord. § 502.10)

A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, becomes null and void and of no effect except:

A. That in all cases the commission may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the commission may grant an additional one-year extension provided that an application requesting such extension is filed prior to the expiration of the first such extension.

B. That in the case of an exception granted prior to November 23, 1970, for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such exception if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice stating in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant."

(Prior zoning ord. § 502.11)

Where an appeal is filed relative to any variance, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.

(Prior zoning ord. § 502.12)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.

(Prior zoning ord. § 502.13)

The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.

(Prior zoning ord. § 502.14)

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.

(Prior zoning ord. § 502.15)

A variance that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.

(Prior zoning ord. § 502.16)