Porterville Municipal Code § 610.03 Required Findings

This article establishes a process for making and acting upon requests for reasonable accommodation to provide an alternate means of granting relief from this chapter's requirements when so doing would be consistent with this chapter's objectives. It is the policy of the city to comply with the federal fair housing act, the Americans with disabilities act and the California fair employment and housing act to provide reasonable accommodation by modifying the application of its zoning and subdivision regulations for persons with disabilities seeking fair access to housing. This article authorizes the zoning administrator to grant administrative relief from this chapter's dimensional requirements to achieve these and other objectives and also allows the city council to grant adjustments when necessary to accommodate uses protected by state or federal law. (Ord. 1801, 12-3-2013)

A. Application: An application for relief shall be filed with the zoning administrator in accordance with article 601, "Common Procedures", of this series. The application shall state in writing the nature of the adjustment requested and explain why the findings necessary to grant the adjustment are satisfied. The applicant shall also submit plans delineating the requested adjustment.

B. Relief Granted By The Zoning Administrator: The zoning administrator may grant relief from the dimensional requirements specified in this chapter to the following extent:

1. Setbacks: Front and rear yard setback adjustments not exceeding two feet (2'). Side yard setback adjustments not exceeding one foot (1').

2. Building Site Coverage: Building site coverage adjustments not exceeding five percent (5%).

3. Height: Maximum building height or other height limitations not exceeding five feet (5').

C. Referral To City Council: The zoning administrator may refer to the city council any request for an adjustment necessary to comply with the reasonable accommodation provisions of federal law based on a determination that there is a compelling public interest requiring such an accommodation.

D. Concurrent Processing: If a request for relief is being submitted in conjunction with an application for another approval, permit, or entitlement under this chapter, it shall be heard and acted upon at the same time and in the same manner as that application. (Ord. 1801, 12-3-2013)

A. Findings For Approval: A decision to grant an adjustment shall be based on the following findings, supported by information in the record:

1. The adjustment is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

2. The granting of the requested adjustment would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this chapter; and

3. The granting of the adjustment will substantially meet or advance the intent and purpose of the zoning district in which the subject property is located.

B. Additional Finding For Reasonable Accommodations: If the adjustment requested is to provide reasonable accommodation pursuant to federal or state statute, the responsible decision maker must find that denial of the requested adjustment would impose a substantial burden on religious exercise or would conflict with any federal or state statute requiring reasonable accommodation of persons with disabilities. (Ord. 1801, 12-3-2013)