Division III — STANDARDS VARIANCE

The City recognizes that certain properties, due to their unique size, shape, location or other physical condition, cannot be developed in strict accord with the regulations of this Title. Therefore, this Division establishes guidelines and procedures for the granting of relief from certain provisions in specific situations.

(Ord. C-6533 § 1 (part), 1988)

A.

A variance shall grant relief from specific development standards of the Zoning Regulations and shall be known as a standards variance.

B.

The standards variance procedure shall not apply to situations where the use is not permitted in a zone or the proposed residential density exceeds the maximum residential density permitted in a zone for any given lot size.

(Ord. C-6895 § 5, 1991; Ord. C-6533 § 1 (part), 1988)

A.

The Zoning Administrator shall have the authority to consider and act on requests for variances. The Zoning Administrator may approve, conditionally approve or deny a request. The Zoning Administrator's actions may be appealed to the Planning Commission.

B.

Rather than act on a variance application, the Zoning Administrator may instead refer the application to the Planning Commission for consideration. In such cases, the hearing before the Planning Commission shall be held within ninety (90) days after the filing of the application.

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject standards variance and must be incorporated into the record of proceedings relating to such approval or denial:

A.

The site or the improvements on the site are physically unique when compared to other sites in the same zone;

B.

The unique situation causes the applicant to experience hardship that deprives the applicant of a substantial right to use of the property as other properties in the same zone are used and will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purpose of the zoning regulations;

C.

The variance will not cause substantial adverse effects upon the community; and

D.

In the Coastal Zone, the variance will carry out the local coastal program and will not interfere with physical, visual and psychological aspects of access to or along the coast.

(Ord. C-7032 § 9, 1992; Ord. C-6533 § 1 (part), 1988)

Except as provided in Subsection 21.25.305.B, the responsible hearing body shall hold a public hearing on any variance request within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)