24.070 Variances.

A. Purpose. The purpose of variances is to allow variation from the strict application of the terms of this Zoning

Ordinance where, by reason of the exceptional narrowness, shallowness, or unusual shape of a parcel of property;

or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such parcel; or

by reason of the use or development of property immediately adjoining the parcel in question, the literal

enforcement of the requirements of this Zoning Ordinance would involve practical diLculties or would cause

undue hardship unnecessary to carry out the spirit and purpose of this Zoning Ordinance. In no case shall a

variance be granted to permit a use other than a use permitted in the district in which the property in question is

situated.

B. Approval by Director, Referral to Planning Commission. The Director is authorized to approve applications for

variances, upon Jnding the conditions speciJed in provision (E) of this section are met or may in the Director’s sole

discretion refer any application for a variance to the Planning Commission for action.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 24 Administrative Procedures | Petaluma Implementing Zoning Ordinance Page 13 of 21

C. Investigation and Report. The Director shall determine from data submitted whether the proposed variance

will meet the requirements of this chapter and shall either (1) administratively approve, disapprove, or approve

with modiJcations the subject application where appropriate; or (2) when in the Director’s sole discretion they

deem it necessary, prepare a report with recommendations and submit the report to the appropriate reviewing

authority, as described in Section 1.030.

D. Procedure. On matters to be reviewed by the Planning Commission, or when the Director refers an application

to the Planning Commission with recommendations, the applicant shall be so notiJed and a hearing date shall be

established. On the date of the hearing, the Planning Commission shall consider the Director’s report and any

additional staM comment and shall permit the applicant or any other aMected person to present any evidence

which the Planning Commission deems to be relevant. The Planning Commission shall approve, disapprove, or

approve with modiJcations applications for which the Planning Commission is the entitling body, or recommend

approval, disapproval, or approval with modiJcations or give other appropriate recommendation to the City

Council, concerning applications for which the Planning Commission is an advisory body.

E. Standards for Review of Applications. The reviewing authority shall grant a variance only when the reviewing

authority Jnds the following conditions exist:

1. There are peculiar and unusual conditions inherent to the property in question suLcient to cause a

hardship, and such conditions are not common to all or most of the properties in the immediate area.

2. The hardship created by the peculiar and unusual conditions inherent to the property were not created

   by any act of the owner. For purposes of this provision, personal, family or Jnancial diLculties, loss of

   prospective proJts, and neighboring violations are not hardships justifying a variance.

   3. A variance is necessary for the preservation and enjoyment of substantial property rights possessed by

   other properties in the same zoning district and in the vicinity, and a variance, if granted, would not constitute

   a special privilege of the recipient not enjoyed by neighbors.

   4. Granting the variance shall not create a substantial detriment to adjacent property and will be consistent

   with the purposes of this Zoning Ordinance and the public interest.

   5. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not

   otherwise expressly authorized by the zone regulation governing the parcel of property.

F. Conditions. The reviewing authority may impose such requirements and conditions with respect to the

proposed variance as may be necessary and appropriate for the protection of adjacent properties and the public

interest to eMect the purposes of this section such that the reviewing authority can make the Jndings speciJed in

provision (E) of this section.

G. Referral to Planning Commission. The Director may refer to the Planning Commission for a public hearing any

variance application.

H. Public Notice. Notice of variances will be in accordance with Section 24.100.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 24 Administrative Procedures | Petaluma Implementing Zoning Ordinance Page 14 of 21

I. Appeal. Any determination made pursuant to this section may be appealed in accordance with Section 24.090.

(Ord. 2811 § 2 (Exh. 1), 2022.)