Mountain View Municipal Code § 36.46.35 Variances

Variances allow exceptions from the development standards of this chapter only when there are extraordinary circumstances applicable to the subject property (such as size, shape, topography, location or surroundings) and when the strict application of this chapter denies the subject property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted may be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and the zoning district in which the property is situated. The power to grant variances does not extend to uses of land or buildings, nonresidential floor area ratios which are specific to the zone district or residential density regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning administrator may only grant a variance from the following requirements of this chapter:

a. Dimensional standards, including, but not limited to: distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks and structure heights; and

b. Sign regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

A variance application shall be filed in compliance with this division, with the following differences: (1) written or graphical documentation of the extraordinary circumstances that apply to the property; and (2) written or graphical documentation of what variations from zoning standards are proposed in response to these circumstances.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt of a complete variance application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals).

To ensure effective implementation of general plan policies relating to design, each application for a variance involving any exterior modification shall be reviewed for the design quality of the proposed development in accordance with Section 36.44.70 (Findings) and Division 2 of this Article. The zoning administrator may approve or disapprove the variance, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

Each variance application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based, in compliance with state law (Government Code Section 65906). These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve an application, with or without conditions, only if all of the following findings are made:

a. That there are special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, so that the strict application of this Chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Variances are not available for personal, family, medical and financial hardships, and neighboring violations of this Article are not hardships justifying a variance;

b. That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the owner of the property for which the variance is sought;

c. That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

d. That granting the variance will not create a special right or privilege not enjoyed by other property owners in the vicinity and zoning district;

e. That granting the variance is consistent with the general plan; and

f. The approval of the variance complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

A variance granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use or structure(s) under the new ownership.

(Ord. No. 18.13, § 1, 12/10/13.)