McFarland Municipal Code Ch. 17.148 Variances, Modifications and Zone Changes

The regulations set forth in this chapter shall apply to the granting of variances, modifications and zone changes.

(Ord. 109 § 34.00, 1969)

A. The planning commission upon its own motion may, or upon the verified application of any interested persons shall in specific cases, initiate proceedings for the granting or denial, as the case may be, of a variance from the provisions of this title. The planning commission may grant the variance only when the following circumstances are found to apply:

1. That the variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is situated.

2. That special circumstances exist which are applicable to the subject property, including size, shape, topography, location or surroundings, wherein the strict application of the zoning provision in question is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

B. All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or map.

(Ord. 109 § 34.01, 1969)

Applications for variances shall be accompanied by:

A. A plot plan and description of the property involved, showing the location of all existing and proposed buildings. Additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission.

B. A reference to the provisions of this title from which is sought the exception of the property.

(Ord. 109 § 34.02, 1969)

A. Whenever the public necessity, convenience, general welfare or good zoning practices justify such action, the planning commission, upon its own motion, or upon the verified application of any interested person, may initiate proceedings to amend, supplement or change the zones, regulations or districts established by this title.

B. With the exception of amendments changing property from one zone to another, or changing the boundaries of any zone, amendments may be made or new zoning maps adopted in the same manner as the ordinance codified in this title was adopted.

(Ord. 109 § 34.03, 1969)

A. Applications for variances, modifications and changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide such forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.

B. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Ord. 109 § 34.04, 1969)

Before accepting any application for filing, the city shall charge and collect the following fees for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter:

A. Change of zone: One hundred fifty dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

B. Variance: Seventy-five dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

C. Conditional use permit: Seventy-five dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

D. Modification: Where no public hearing is required, thirty dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof. Where a public hearing is required, the fees shall be the same as for a variance.

E. Appeal: Thirty dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

F. The foregoing fees and all other fees deemed necessary or appropriate by the city council with regard to the subject matter in this Title 17 may be modified or established by the city council by a duly adopted resolution.

(Ord. 176 § 1, 1979; Ord. 109 § 34.05, 1969)

(Ord. No. 287-2003, § 1, 5-13-04)

The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendments or variances.

(Ord. 109 § 34.06, 1969)

A. Following the receipt on proper forms of any application filed under the provisions of this chapter, with the exception of an application filed pursuant to the provisions of Section 17.148.040, the secretary of the planning commission shall fix a time and place of public hearing thereon. Upon receipt in proper form of any application filed pursuant to the provisions of Section 17.148.040, the secretary of the planning commission, when directed to do so by the planning commission, shall fix a time and place of public hearing thereon.

B. Not less than ten days before the date of any public hearing fixed by the secretary of the planning commission as provided in this section, the date of the public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given by any two of the following methods, the publishing and mailing methods to be used unless otherwise directed by the planning commission:

1. By publishing once in a newspaper of general circulation in the city;

2. By mailing a notice, postage prepaid, to the applicant, to each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last known name and address of such owners as shown on the last assessment roll of the county;

3. By posting notice not more than three hundred feet apart along each and every street upon which the property involved abuts, for a distance of not less than three hundred feet in each direction from the exterior limits of the property.

(Ord. 109 § 34.07, 1969)

Public hearings as provided for in this chapter and by state law shall be held before the planning commission at the time and place for which public notice has been given as required in this chapter. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued, provided that, prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Ord. 109 § 34.08, 1969)

A. Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing may be deemed to constitute a denial, but in no case shall be deemed to constitute an approval.

B. The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it based its decision.

1. Variance, Modifications and Conditional Use Permits.

a. Within five days after final decision by the planning commission on an application for a variance, modification or conditional use permit, notices of the decision in the matter shall be mailed to the applicant at the address shown upon the application, the city clerk, the members of the city council, the owners of the adjoining property and persons requesting the notice.

b. The granting, either with or without conditions, or the denial of the application by the planning commission, shall be final unless within fifteen days after the decision by the planning commission, or ten days after the mailing of the required notices, whichever date is later, the applicant, or any other person aggrieved, appeals therefrom in writing to the city council by presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearing before the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of all members of the city council.

c. No permit or license shall be issued for any use involved in an application for a variance, modification or conditional use permit, until the same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.

d. If the use authorized by any variance, modification or conditional use permit is, or has been, unused, abandoned, discontinued or has ceased for a period of six months, or the conditions have not been complied with, the variance, modification or conditional use permit shall become null and void and of no effect unless an extension therefor has been granted by the planning commission, upon written petition of the applicant for such extension of time before the expiration of the above period.

2. Amendments and Changes of Zone Boundaries.

a. Within ten days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendations, together with the complete records of the case, shall be delivered to the city council.

b. The city council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not less than a majority of all members of the city council.

c. No permit or license shall be issued for any use involved in an application for an amendment or change of zone until the same has become final by the adoption of an ordinance.

3. Notwithstanding any provision of subdivisions 1 and 2 of this subsection to the contrary, at the request of the applicant, or any other interested persons, the vote of the city council on any application for a variance, modification, conditional use permit or an amendment or change of zone boundary, shall be deferred by the city council until such time as all members of the city council are present and have had the opportunity to vote thereon.

(Ord. 109 § 34.09, 1969)

The planning commission shall act as the modification committee.

(Ord. 109 § 34.10, 1969)

The planning commission shall have the authority to grant, subject to appeal to the city council, under the provisions of this title, the following:

A. Permit the modification of the setback yard and lot area regulations that may be necessary to secure an appropriate improvement on a lot, to prevent unreasonable hardship, or to promote uniformity of improvement; provided, however, such modification shall not grant a reduction in excess of twenty-five percent of the applicable setback, yard or lot area requirements.

B. Permit the modification of fence, wall and hedge regulations that may be necessary to secure an appropriate improvement on a lot.

(Ord. 109 § 34.11, 1969)

The procedure for acting upon applications for modifications by the planning commission shall be the same as the procedure for acting upon applications for variances except that no notice of public hearing will be required if the application for such modification is accompanied by the written consent of the owners of all property abutting and of all property directly across a street from the subject property. Appeals from decisions of the planning commission shall be made to the city council in the same manner as an appeal for a variance.

(Ord. 109 § 34.12, 1969)