Rohnert Park Municipal Code Art. II Variances

The regulations contained in this section are intended to:

A. Establish procedures for the approval, conditional approval, or disapproval of variances when required by this section; and

B. Establish findings to permit variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the zoning ordinance as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title.

(Ord. 695 § 3, 2003)

The planning commission may grant variances to the regulations prescribed by this title, in accordance with the procedure prescribed in this section. Variances shall not be permitted to change zoning classifications or residential densities, or for other matters related to the use of land.

(Ord. 695 § 3, 2003)

Application for a variance shall include the following:

A. The application form provided by the city, which must be signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

B. The required plans and other documentation pertaining to the application, including:

1. Site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse and waste areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, and lot area coverage. Commercial and industrial developments shall include floor area ratio (FAR) calculations, net and gross lot area, and shall identify the square footage and location of all easements on the project site.

2. A complete project summary including a description of all activities proposed for the site.

3. Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the proposal and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.

4. Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.

5. An explanation of the justification for the variance.

Depending on the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, or photometric analysis may be required by the planning department. Smaller scale projects may have certain submittal requirements waived at the discretion of the planning and community development director or his/her designee.

(Ord. 695 § 3, 2003)

A. The planning commission shall hold a public hearing to consider an application for a variance.

B. The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

The planning commission shall approve or conditionally approve a variance application if, on the basis of the application, supporting materials and oral and written testimony submitted at the hearing, the planning commission makes each of the following findings:

1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance.

2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.

3. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;

4. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. 695 § 3, 2003)

A. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a time and date certain.

B. If an application is disapproved, then no new application for the same, or substantially the same, variance shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

The decision of the planning commission shall become final ten calendar days after the decision is rendered, unless appealed to the city council as set forth in Section 17.25.120.

(Ord. 695 § 3, 2003)

A. A variance shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

1. A building permit has been issued and construction has diligently commenced; or

2. A certificate of occupancy has been issued; or

3. The use is established; or

4. The variance is renewed in accordance with subsection B below.

5. The project is a residential development that does not require the approval of a tentative subdivision map, or otherwise not vested through a development agreement with the city, then the approval shall expire after a twenty-four-month period, unless extended for special circumstances by the city council.

B. A variance approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the variance is filed with the planning commission. The planning commission shall not deny the renewal request without first holding a public hearing and making findings supporting the reason for denial. If the planning commission denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the city council as set forth in Chapter 17.25 Article XII.

(Ord. 695 § 3, 2003)

A. A violation of a condition of approval or a provision of this section may cause a variance to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B. A request to amend one or more of the conditions of approval shall be treated as a new variance application.

(Ord. 695 § 3, 2003)