Article I — General Provisions

The intent and purpose of this chapter is to establish regulations and procedures applicable to unusual uses of land where the circumstances and conditions require special attention, and where the application of this title during the course of the administration and enforcement, results in the inconsistency with the general intent and purpose thereof. (Prior code § 9213.01)

Regulations governing permits for variances from the provisions of this title shall be as set forth in this chapter. (Prior code § 9213.06)

The intent and purpose of this chapter is to recognize that the uniform administration and enforcement of the provisions of this title may result in creating inconsistencies with its general intent and purpose. It is also the intent and purpose of this chapter to provide a means by which a variance from the provision of this title may be determined, and to prevent discrimination and special privileges not otherwise shared or enjoyed by other property in the same vicinity and zone. The intent and purpose of this chapter is to be only concerned with the inconsistencies created through the administration and enforcement of those regulations governing the physical development of property, and shall not in any manner apply to uses of land. (Prior code § 9213.06 (A))

Whenever the strict and literal administration, enforcement and interpretation of regulations governing the physical development of property, as set forth in this title, create practical difficulties, unnecessary hardships, or inconsistencies therewith, the planning commission and zoning administrator shall have the authority, subject to the provisions of this chapter, to grant, upon such conditions as may be determined, such a variance from the provisions thereof as may be in harmony with the general intent and purpose of this title, to protect the public health, safety, environment and welfare.

(Prior code § 9213.06 (B))

Prior to the granting of any variance permit or minor variance permit, the planning commission and zoning administrator shall first determine the requirements for qualification by making all the following findings of fact:

• A. That there are exceptional and extraordinary circumstances and conditions which apply to the property involved or affect the intended use thereof that do not generally apply to other property or uses thereof in the same vicinity and zone classification;

• B. That, owing to such exceptional and extraordinary circumstances and conditions, the strict and literal enforcement of specified regulations of the zoning code would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property involved;

• C. That such variance is necessary for the preservation and enjoyment of a substantial property development right possessed by other property in the same vicinity and zone classification but which is denied to the property involved;

• D. That the granting of such variance will not be materially detrimental to the public health, safety, environment and general welfare, or materially injurious to other property, improvements or uses in the same vicinity or zone classification;

• E. That the granting of such variance will be in harmony with and will not adversely affect the provisions of the zoning code and general plan.

• (Prior code § 9213.06 (C))

The zoning administrator, prior to accepting an application for a variance permit or minor variance permit, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect.

(Prior code § 9213.06 (D))

The zoning administrator may issue a variance permit approved by the planning commission and a minor variance permit on his or her own approval which comply with the provisions of this chapter, on forms prescribed by the zoning administrator, and may require additional terms and conditions of permit issuance considered necessary to assure the integrity of the permit and property in the area, vicinity and zone classification, and to be certain that such permit is not discriminatory or in effect granting a special privilege not otherwise shared. A variance permit and minor variance permit approved by the planning commission and zoning administrator respectively, shall take effect upon such approvals and shall be exercised within thirty days thereafter or such permits shall expire and automatically become null and void. Should, at any time during the period which such permits are in effect, the zoning administrator find that performance thereof is in violation of the provisions of this chapter and/or terms and conditions subject thereto, he or she shall forthwith by declaration serve notice of violation thereof and shall revoke same. (Prior code § 9213.06 (G))