Division 8 — Variance Procedures

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to provide relief for cases in which, because of special circumstances applicable to the property including size, shape, topography, location, or surroundings, the strict application of the development regulations would deprive the property of privileges enjoyed by other property in the vicinity and under the same land use designation and zone.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A variance may be requested for proposed development that would not comply with an applicable development regulation of the Land Development Code, except that density shall not be increased through a variance.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An application for a variance shall be filed in accordance with Section 112.0102. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A decision on an application for a variance shall be made in accordance with Process Three. The decision may be appealed to the Planning Commission unless otherwise specified by the Land Development Code.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

The decision maker may approve or conditionally approve an application for a variance only if the decision maker makes the following findings :

• (a) There are special circumstances or conditions applying to the land or premises for which the variance is sought that are peculiar to the land or premises and do not apply generally to the land or premises in the neighborhood, and these conditions have not resulted from any act of the applicant after the adoption of the applicable zone regulations;

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San Diego Municipal Code (11-2005)

Chapter 12: Land Development Reviews

• (b) The circumstances or conditions are such that the strict application of the regulations of the Land Development Code would deprive the applicant of reasonable use of the land or premises and the variance granted by the City is the minimum variance that will permit the reasonable use of the land or premises ;

• (c) The granting of the variance will be in harmony with the general purpose and intent of the regulations and will not be detrimental to the public health, safety, or welfare; and

• (d) The granting of the variance will not adversely affect the applicable land use plan . If the variance is being sought in conjunction with any proposed coastal development , the required finding shall specify that granting of the variance conforms with, and is adequate to carry out, the provisions of the certified land use plan .

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 6 8 2

San Diego Municipal Code

Chapter 12: Land Development Reviews

(8-2001)

Article 6: Development Permits

Division 9: Public Right-of-Way Use Permit Procedures (Added 2-27-2001 by O-18923 N.S.; effective 8-7-2001.) (Repealed 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2026)

Article 7: Previously Conforming Premises and Uses (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)