Chapter 17.48 — VARIANCES

• A. Purpose. The Variance procedure is established to allow minor relaxation of certain standards by the Commission which, with the strict application of this Zoning Code, would otherwise prevent a property from being used in the same manner as other, similar property because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, where the intent of these regulations would not be compromised by such minor relaxation.

• B. Applicability. Setbacks, height limits, lot coverage, floor area ratio, and parking space requirements may be relaxed. No Variance to land use regulations or density standards may be granted.

• C. Limitations. A Variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zone, or which is contrary to the public convenience, health, interest, safety, or welfare.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Filing. An application for a Variance shall be filed and processed in compliance with Sections 17.30.030 (Application Filing). An application shall state the precise nature of the grounds for the Variance sought and shall be accompanied by any required fees.

• B. Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 17.30.080 (Staff Reports and Recommendations).

• C. Notice and Hearings.

  1. A public hearing before the Commission shall be required for all Variances.

  2. A public hearing shall be scheduled once the Director has determined the application complete.

  3. Noticing of the public hearing shall be given in compliance with Chapter 17.56 (Public Hearings and Notices).

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

It shall be the responsibility of the applicant to provide evidence in support of the findings required in Section 17.48.040 (Required Findings).

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

To approve a Variance, the Commission, or the Council on appeal, must make each of the following findings:

• A. That there are special circumstances applying to the site, such as size, shape, or topography, so that the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning;

• B. That the Variance will not be in conflict with the purpose and intent of this Zoning Code, the General Plan, or any applicable specific plan;

• C. That the Variance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and

• D. That the Variance will not adversely affect the health, safety, or general welfare of persons residing or working on the site or in the vicinity.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)