Chapter 19.84 — VARIANCES

A variance is intended to address practical difficulties, unnecessary hardships or results inconsistent with the general purposes of the zoning district, which may occur through the strict application of standard zoning requirements. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of a variance application. These provisions shall be used in conjunction with the general requirements and procedures identified in Chapter 19.98 including requirements and procedures for applications, fees, notification, appeals, conditions of approval, modifications, expiration, extensions, revocation and infractions.

(Prior zoning code § 19.56.010(a); Ord. 2623-99 § 1)

Variances shall not be approved:

• (a) From improvement standards required in off-street parking areas described in Chapter 19.46;

• (b) From minimum lot area per dwelling unit regulations;

• (c) From any sign related regulations or standards except maximum height for ground signs; or

• (d) From any stormwater management requirements described in Chapter 12.60. (Prior zoning code § 19.56.010; Ord. 2623-99 § 1; Ord. 2745-04 § 5)

• (a) All decisions by the director of community development, planning commission or city council in approving or denying a variance shall be deemed administrative acts performed for the purpose of securing substantial justice and shall not be construed as amendments of any zoning plan or regulation of the zoning district in which the subject property is located.

• (b) Whenever a variance is requested in connection with a use for which a land use permit or approval described in this title is required, which permit or approval cannot be approved by the director of community development, such variance also may not be approved by the director. Whenever a variance is requested in connection with a miscellaneous plan permit or temporary unenclosed use that can be approved by the director, the procedures set forth for the miscellaneous plan permit or unenclosed use shall not apply, and such permit or approval shall be considered together with the variance pursuant to the hearing and appeals procedures set forth for the variance.

(Prior zoning code §§ 19.56.010(b), 19.56.110; Ord. 2623-99 § 1)

• (a) The director of community development, after holding at least one public hearing, may:

  • (1) Approve the variance as requested or as changed, modified or conditioned by the

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.84.040

§ 19.84.050

director if the director finds that the use or project as approved meets the required findings.

• (2) Deny the variance if the director finds that the use or project would not meet one or more of the required findings.

• (b) After receiving either an application for a variance, or an appeal from the decision of the director of community development on a requested variance, and following a public hearing, the planning commission by the affirmative vote o a majority of its voting members may:

  • (1) Approve the variance as requested or as changed, modified or conditioned by the commission if the commission finds that the use or project as approved meets the required findings.

  • (2) Deny the variance if the commission finds that the use or project would not meet one or more of the required findings.

• (c) After receiving an appeal from the decision of the planning commission on a requested variance and following public hearing, the city council by the affirmative vote of a majority of its voting members may:

  • (1) Approve the variance as requested or as changed, modified or conditioned by the council if the council finds that the use or project as approved meets the required findings.

  • (2) Deny the variance if the council finds that the use or project would not meet one or more of the required findings.

(Prior zoning code §§ 19.56.040, 19.56.070, 19.56.080, 19.72.050(b)(1)—2); Ord. 2623-99 § 1)

• (a) A variance from the requirements of this title, except for the height of a ground sign, shall be approved only upon a showing by the applicant that:

  • (1) Because of exceptional or extraordinary circumstances or conditions applicable to the property, or use, including size, shape, topography, location or surroundings, the strict application of the ordinance is found to deprive the property owner of privileges enjoyed by other properties in the vicinity and within the same zoning district.

  • (2) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district.

  • (3) Upon granting of the variance the intent and purpose of the ordinance will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners within the same zoning district.

• (b) A variance from the maximum height of a ground sign shall be approved only upon a determination that:

  • (1) There are exceptional or extraordinary circumstances or conditions applicable to the property or use involved which do not apply generally to property, improvements or

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City of Sunnyvale, CA § 19.84.050 ZONING

§ 19.84.050

uses within the same zoning district; and

• (2) The approving of such variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district; and

• (3) Such variance is necessary for the preservation and enjoyment of a substantial property right necessary to the proposed use of the property, in that only such a variance would avoid an undue hardship resulting from an unintended limitation on the ability of a given use to advertise by means of on-site signage.

• (Prior zoning code §§ 19.56.020, 19.72.040; Ord. 2623-99 § 1; Ord. 2643-00 § 7)

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City of Sunnyvale, CA