Porterville Municipal Code § 606.05 Conditions of Approval

This article is intended to provide a mechanism for relief from the strict application of this chapter where strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. Variances may be granted with respect to dimensional and performance standards, but variances from the use regulations of this chapter are not allowed. (Ord. 1801, 12-3-2013)

A. Application: Applications for variances shall be filed in accordance with article 601, "Common Procedures", of this series. In addition to any other application requirements, the application for a variance shall include data or other evidence supporting the proposed variance.

B. Public Notice And Hearing: All applications for variances shall require public notice and a hearing before the city council pursuant to article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)

A variance shall only be granted if the city council makes all of the following findings:

A. There are special circumstances or conditions applicable to the property such as its size, shape, topography, location, surroundings, or existing structures, which do not apply generally to uses, land or structures in the vicinity and same zoning district;

B. Due to the special circumstances applicable to this property, strict application of the respective zoning regulation would deprive the property owner of privileges enjoyed by other property owners in the same zoning district;

C. Special circumstances applicable to the property were or are not self-imposed by the property owner; and

D. The authorization of the variance will substantially meet the intent and purpose of the zoning district in which the subject property is located and will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general. (Ord. 1801, 12-3-2013)

The city council shall not approve any changes in the uses permitted in any zoning classification or zoning district or approve any modification of the requirements of this chapter that would have the effect of allowing the establishment of a use not otherwise permitted. This restriction shall not affect the authority otherwise to grant variances pursuant to this article. (Ord. 1801, 12-3-2013)

A. In approving a variance, the city council may impose reasonable conditions necessary to ensure that the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located. (Ord. 1801, 12-3-2013)

A. Decision: The decision of the council shall be final. The zoning administrator shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption thereof.

B. Expiration And Extension: Variances are effective and may only be extended or modified as provided for in article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)