Chapter 5.70 — VARIANCE

The purpose of the variance procedure is to enable discretionary relief from the development standards of the Zoning Ordinance where it can be clearly determined that, due to unique circumstances, enforcement of the applicable standards would preclude reasonable use and development of the subject lot. "Unique circumstances" that warrant variance approval must be both substantial and detrimental, and must relate to tangible characteristics of the lot, per the findings of Section 5.70.020 below. As such, an approved variance should logically and reasonably remedy a specific hardship that may result from a lot's unique circumstances.

The applicability of the variance procedure is limited to development standards exclusively. A variance may not authorize a use or activity that is not otherwise provided for by the applicable zoning regulations.

A variance may not be granted unless both of the following findings can be made:

A.

Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; and

B.

The grant of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zoning district in which the subject property is located.

These findings are consistent with the variance provisions of California Government Code § 65906.

The Zoning Administrator shall hear and decide variance applications. Variances shall be decided at a public hearing, except as specified in Section 5.70.040 below.

For new single-family residential or two-family residential uses, or accessory dwelling units, the standard variance procedure and findings may be employed to allow a reduction in the number of required spaces, and/or the requirement for covered parking. Other uses necessitating a reduction in the number of required spaces shall be subject to § 4.30.100, Parking Exception.

(Ord. No. NS-1200.323, § 17, 1-29-08; Ord. No. NS-1200.371, § 19, 3-10-20)

Editor's note— Former § 5.70.050.

Variances shall be limited to that specific portion of the building that is being exempted from compliance with the applicable standard (e.g. setback) in accordance with the required findings. The granting of a variance does not alter the standard or its applicability to other development on the subject lot.

(Ord. No. NS-1200.323, § 18, 1-29-08)

Editor's note— Former § 5.70.060.

In addition to notice of approval or denial as discussed in Section 5.20.130, the Zoning Administrator must also prepare a formal statement that substantiates the basis for variance approval. This statement must analytically demonstrate the link between the specific circumstances of the property and the required findings.

(Ord. No. NS-1200.323, § 19, 1-29-08)

Editor's note— Former § 5.70.070.

A formal pre-application meeting between the applicant and staff shall be required prior to submittal of an application for a variance.

(Ord. No. NS-1200.359, § 32, 12-6-16)

Refer to Chapter 5.20 for procedures common to all land use processes, including variances. Such procedures include among others; application, modifications, environmental assessment, public hearing and notification, appeals, and notice of approval or denial.

(Ord. No. NS-1200.323, § 20, 1-29-08)

Editor's note— Former § 5.70.080.

CHAPTER 5.75. - ZONING AMENDMENT