Newark Municipal Code Ch. 17.36 Variances

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Review Authority. The planning commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter.

B. Application Requirements. Applications for a variance shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 17.31, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested cariance conforms to the required findings set forth in Section 17.36.040, Required Findings.

C. Public Notice and Hearing. An application for a variance shall require public notice and hearing before the planning commission pursuant to Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

After conducting a public hearing, the planning commission may approve or conditionally approve a variance application if all of the following findings are made. The commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning district, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone district;

B. The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D. The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a variance, the planning commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.36.040, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B. Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 17.31.110, Appeals.

C. Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)