Lancaster Municipal Code § 17.32.410 Purpose of

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

A. Building height, lot coverage, and FAR limitations, with an increase up to 25%;

B. Wall, fence, and screening height limitations, with an increase up to 25%;

C. Corner lot width requirements, which may be reduced to the minimum established for an interior lot under the subject zoning designation;

D. Setbacks, with a reduction up to 25%, so long as the resulting setback is sufficient for fire safety;

E. Sign regulations other than those applicable to off-site signs.

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

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.

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

An application for an adjustment shall contain the information:

A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;

B. Evidence that the applicant:

1. Is the owner of the premises involved, or

2. Has written permission of the owner or owners to make such application, or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or

4. In the case of a public agency, is negotiating to acquire a portion of the premises involved;

C. Location of subject property (address or vicinity);

D. Legal description of the property involved;

E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;

F. Indicate the nature, condition and development of adjacent uses, buildings and structures; and

G. Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:

1. The area and dimensions of proposed site for the requested use,

2. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;

H. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;

I. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;

J. Project Notice. A notice for an adjustment permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code:

1. Owner(s) and applicant;

2. All owners of property located adjacent to the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site abuts a street, all property owners on the other side of the street shall be mailed the notice. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;

3. Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.

4. The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.

K. Such other information as the director may require.

The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.

(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.

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

The director may deny an application of an adjustment if such application does not contain the information required by Sections 17.32.430 and 17.32.440. The director may permit the applicant to amend such application.

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

The director may approve an application for an adjustment where the information submitted by the applicant substantiates the following findings:

A. The adjustment will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning.

B. The adjustment is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.

C. The adjustment is generally consistent with surrounding development and general plan and zoning designations.

Any reduction or increase greater than those specified in Section 17.32.410 shall require a variance. The director shall deny the application where the information submitted by the applicant fails to substantiate such findings to the satisfaction of the director.

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

The director in approving an application for an adjustment may impose such conditions as they deem necessary to ensure that the adjustment will be in accord with the findings required by Section 17.32.460. Conditions imposed by the director may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.

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

An adjustment which is not used within the time specified in such adjustment, or, if no time is specified, within two years after the granting of the adjustment, becomes null and void and of no effect except in all cases the director 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.

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

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

(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.

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

The decision of the director shall become final and effective 10 working days after the director'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.

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

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

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

An adjustment 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.

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