§ 10.102

The purpose of this Chapter is to establish a procedure when the strict application of this Title deprives such property of privileges enjoyed by other properties in the vicinity under identical zoning classification due to special circumstances of the property, including size, shape, topography, location, or surroundings. The power to grant Variances does not extend to use regulations, because the flexibility necessary to avoid results consistent with the objectives of this Title is provided by the conditional use, planned unit development, and amendment provisions of this title. (Ord. 2024-001, 9-10-2024)

The Planning Commission is responsible for reviewing and granting Variances. The Planning Commission may approve, approve with conditions, or deny Variances to the standards established in this Title pertaining to fences and walls (i.e., height, type, material, location), parcel areas, width, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off street parking facilities, and off-street loading facilities. (Ord. 2024-001, 9-10-2024)

A complete application for a Variance shall be submitted to the Community Development Department and shall include the following information:

• A. Name and address of applicant.

B. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

• C. Address or description of property.

D. Statement of the precise nature of the Variance requested and why approval is necessary under the purposes described in Section 10.102.010 (Purpose) of this Chapter, together with any other information pertinent to the findings prerequisite to the granting of a Variance prescribed in Section 10.102.050 (Findings and Decision) of this Chapter. This information shall be included in a City-provided supplemental questionnaire which shall be submitted along with a complete application.

E. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off street parking and loading facilities, and landscaped areas.

F. The application shall be accompanied by a fee set by resolution in the Master Fee Schedule sufficient to cover the cost of handling the application as established in this Chapter. (Ord. 2024-001, 9-10-2024)

The Planning Commission shall hold a public hearing in accordance with the provisions of Section 10.100.040 (Noticing and Public Hearing Procedures). At a public hearing, the Commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the Variance, particularly with respect to the findings prescribed in Subsection 10.102.050 of this Chapter. (Ord. 2024-001, 9-10-2024)

10.102.050: FINDINGS AND DECISION:

10.102.050: FINDINGS AND DECISION:

A. The Planning Commission shall act on the application within sixty (60) calendar days (excluding City-recognized holidays) following the date of a deemed complete application status or within sixty (60) calendar days (excluding Cityrecognized holidays) after the close of a public hearing, if any.

B. The Planning Commission may grant a Variance to regulations prescribed by this Title, as the Variance was applied for or in modified form, if, based on the application, investigation and evidence submitted, the Commission makes the following findings:

1. There are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

2. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.

3. The granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of this Title.

C. The Planning Commission shall grant a Variance to a regulation prescribed by this Title, with respect to off street parking facilities or off-street loading facilities as the Variance was applied for or in modified form, if, based on the application, investigation and the evidence submitted, the commission makes the findings prescribed in Paragraph B and the following additional findings:

1. Neither present nor anticipated future traffic volumes generated by the parcel's land use or the uses of parcels in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

2. The granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

D. In approving a Variance, the Planning Commission shall add such conditions of approval as necessary to ensure the Variance adjustment shall not grant special privilege.

E. A Variance may be revocable, granted for a limited time period, or granted subject to such condition(s) as the authority (Planning Commission or City Council) that rendered a final decision of the Variance may prescribe.

F. A Variance shall become effective ten (10) calendar days (excluding City-recognized holidays) following the date the Variance was granted unless an appeal has been filed with the City Council. (Ord. 2024-001, 9-10-2024)

A. Appeal to City Council. A decision made by the Planning Commission shall be appealed in compliance with the following:

1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision of the Planning Commission on a Variance application, the decision may be appealed to the City Council by the applicant or any other interested party. A written appeal shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.

2. The appeal letter shall be accompanied by a fee established in the City of Reedley Master Fee Schedule. The City of Reedley shall be made exempt from the filing fee requirement.

3. The City Clerk or their designee shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party at the time when the appeal will be considered by the City Council.

4. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.

5. The Community Development Director shall transmit to the City Clerk the Variance application and all other information filed therewith, the findings of the Planning Commission and their decision on the application for review and action.

B. Action of City Council. The action by City Council shall comply with the following:

1. The City Council shall hear the appeal within forty-five (45) calendar days (excluding City-recognized holidays) after the filing of the appeal. The Council may affirm, reverse, or modify a decision of the Planning Commission on a Variance application. If a decision denying a Variance is reversed or a decision granting a Variance is modified, the Council shall, based on the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a Variance, when applicable.

2. A Variance which has been the subject of an appeal to the City Council shall become effective immediately following the date on which the Variance is granted by the Council. (Ord. 2024-001, 9-10-2024)

A Variance shall lapse and become void three (3) years following the date on which the Variance becomes effective unless a condition of the Variance allows for a greater time, or unless prior to the expiration of thirty-six (36) months, a Building Permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the Variance application. A Variance may be renewed for an additional twelve (12) months, provided that prior to the expiration date, an application for renewal of the Variance is made to the Community Development Director. The Director may grant or deny an application for renewal of a Variance. (Ord. 2024-001, 9-10-2024)

The revocation of a Variance approval shall be governed by the provision of Section 10.100.100 of this Article. (Ord. 2024001, 9-10-2024)

Following the denial of a Variance application or the revocation of a Variance, no application for the same or substantially the same Variance on the same or substantially the same parcel shall be filed within twelve (12) months of the date of denial of the Variance application or revocation of the Variance. (Ord. 2024-001, 9-10-2024)