Port Hueneme Municipal Code § 10005 Variances

The purpose of this Chapter is to clarify the general provisions of this Article and to qualify the conditions and procedures under which changes and exceptions to this Article are to be considered by the City.

For the purpose of this Article and pursuant to Government Code Section 65100, the Department of Community Development is designated as the Planning Agency for the City.

(Ord. 579 § 6 (1), 1992)

The written provisions of this Article are hereby adopted and established as the Zoning Text for the City to serve and be held as the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare as necessary to provide for the economic and social advantages resulting from an orderly, planned use of land resources. It is not intended by this Article to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that where this Article imposes a greater restriction upon the use of buildings or lands than are imposed or required by other ordinances, rules, regulations or by easement, covenant or agreement, the provisions of this Article shall prevail.

The boundaries of zones described in this Article are adopted and established as set forth on the Zoning Map for the City and all notations, references and other information shown on said Map shall be as much a part of this Article as if the matters and information set forth on said Map were fully described herein. All provisions of this Article governing the use of land and buildings, the height and bulk of buildings, the sizes of yards and other open spaces about buildings, and other matters as herein set forth, are hereby declared to be in effect upon all land included within the boundaries of each and every zone as delineated on the Zoning Map. Where uncertainty exists as to the boundaries of any zone as shown on the Zoning Map or part thereof, the City Council shall determine all such uncertainties; provided, however, that the following rules of construction shall apply:

A. Where such boundaries are indicated as following approximate street, alley, or lot lines, such lines shall be construed to be such boundaries;

B. In a case of unsubdivided property and where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on the Zoning Map; and

C. Where a public street or alley is officially vacated or abandoned, the zoning regulations applicable to abutting property on each side of the center line shall apply up to the center line of such vacated or abandoned street or alley of each respective side thereof.

(Ord. 579 § 6 (2(part)), 1992)

A. General. Amendments to adopted development and use standards which impose any regulation, policy, or guideline not theretofore imposed, remove or modify any such regulation, policy, or guideline theretofore imposed, are subject to the provisions of this Section and include amendments of the following:

1. Zoning Text. Any regulatory provisions affecting the Zoning Text adopted pursuant to Section 10001.

2. General Plan Text. Any advisory provision affecting the General Plan Text adopted pursuant to Article VII, Division l, Article 7 of the California Government Code.

B. Initiation. Provisions of the Zoning Text or General Plan Text may be amended, altered or repealed whenever public necessity and convenience and general welfare require. Such changes may be initiated by the Council only; provided, however, that the Council may initiate the same upon recommendation of the Planning Agency or in conjunction with a project for which application is made pursuant to Chapter 3, Part B of this Article.

C. Development Review Procedures. Amendments shall be processed in the time and manner prescribed for Development Permits in Chapter 3, Part B of this Article commencing with Section 10352(B).

D. Text Consistency. In the event that an amendment will result in an inconsistency between regulatory provisions of the Zoning Text and land use policies of the General Plan Text, no such change will be considered unless accompanied by, and concurrently processed with, a request for amendment in either Text as necessary to maintain consistency between the two; provided, however, that a General Plan Text amendment must, in all cases, be considered and acted upon by the Council pursuant to Section 10003(C), prior to such consideration being given to a Zoning Text amendment.

(Ord. 579 § 6 (3), (4), 1992)

A. General. Geographical changes in adopted zoning and land use classifications in the City are subject to the provisions of this Section and include the following:

1. Zoning Map. Any boundary adjustment or zone reclassification affecting the Zoning Map adopted pursuant to Section 10002.

2. General Plan Map. Any boundary adjustment or land use reclassification affecting the General Plan Map adopted pursuant to Section 65450 et al of the California Government Code.

B. Initiation. Boundaries of the Zoning Map or General Plan Map may be amended, reclassified and altered whenever public necessity and convenience and general welfare require. Such changes may be initiated in the same manner as provided in Section 10003(B) of this Chapter.

C. Development Review Procedures. Boundary changes shall be processed in the same time and manner as prescribed for Development Permits in Chapter 3, Part B of this Article commencing with Section 10352(B).

D. Map Consistency. In the event that a boundary change will result in an inconsistency between zone classifications of the Zoning Map and land use designations of the General Plan Map, no such change will be considered unless accompanied by, and concurrently processed with, a request for boundary change in either Map as necessary to maintain conformity between the two; provided, however, that a General Plan Map boundary change must, in all cases, be considered and acted upon by the Council pursuant to Section 10004(C), prior to such consideration being given to a Zoning Map boundary change.

(Ord. 579 § 6 (5), (6), 1992)

A. General. When practical difficulties, unnecessarily severe hardships or results inconsistent with the general purpose of this Article occur through the strict interpretation of provisions hereof, variances from the terms of the Zoning Text may be granted subject to the provisions of this Section.

B. Limitations. Variances from the terms of this Article may be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location of surroundings, the strict application of this Article deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations of other properties in the vicinity and zone in which such property is situated. 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 regulations governing the parcel of property. The provisions of this Section shall not apply to conditional uses or any permit issued pursuant to Chapter 3, Part B of this Article wherein the underlying development standards permit variances from the terms of this Article.

C. Development Review Procedures. Except as otherwise provided herein, variances shall be processed in the time and manner prescribed for Development Permits in Chapter 3, Part B of this Article commencing with Section 10352. In lieu of the foregoing, an Administrative Permit issued in accordance with provisions of Section 10353 may be obtained for variances involving relatively routine and minor adjustments in certain types of zoning regulations as follows:

1. Area Regulations. Modification of distance or area regulations not exceeding twenty (20) percent of required front, side, rear, or court yard distances or other open space requirements or ten (10) percent of lot coverage requirements.

2. Off-Street Parking. Modification of off-street parking and landscaping development standards.

3. Nonconforming Buildings. Approval for additions to structures which are nonconforming as to side yard, rear yard, lot coverage, or off-street parking; provided, however, that the additions, in all other respects, meet the requirements of zoning regulations affecting the property.

4. Fences. Approval of walls, hedges, or fences to exceed the height limits or design requirements of this Article and permit them to be located within setback areas where consistent with safety and neighborhood appearance.

5. Signs. Modification of building and monument sign design criteria, other than height or area.

6. Nonconforming Lots. Approval of building construction upon nonconforming lots where substantial development upon nonconforming lots exists in the area.

Any amendment or boundary change authorized under the provisions of this Chapter which affects the use of any land situated within the California Coastal Zone, as defined by California Public Resources Code Section 30103, shall constitute amendment of the Local Coastal Program of the City. No such amendment or boundary change shall become final until approval is granted in accordance with the provisions of Title 14, Division 20, Article 2, as amended, of the California Public Resources Code.