Chapter 24.535

VARIANCE PROCEDURE[1 ]

Sections:

• 24.535.010 Chapter description. 24.535.020 Types of variances.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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• 24.535.040 Review process and action by director or planning commission.

• 24.535.050 Restrictions on variances.

• 24.535.070 Proposed projects requiring minor variances.

• 24.535.110 Proposed projects requiring major variances. 24.535.120 Required Kndings.

1 Editor’s note(s): Section 71 of Ord. No. 2021-017 , adopted December 13, 2021, amended Chapter 24.535 in its entirety to read as herein set out. Former Chapter 24.535 pertained to the same subject matter, consisted of Sections 24.535.010 through 24.535.230, and derived from the 1971 Code.

This chapter establishes the variance procedure to provide a procedure for review and decisions regarding applications for variances from certain otherwise applicable standards or regulations where special circumstances related to development of a site might deprive property of privileges enjoyed by other properties in the vicinity. Such variances may be granted only for the subjects set forth in Sections 24.535.070, 24.535.110 and 24.535.120. (Ord. No. 2021-017, § 71, 12-13-21)

Variances are classiYed into two categories based on their nature or location as follows:

A. Minor Variance. A minor variance is a variance that may be approved from the standards and regulations referenced in Section 24.535.070.

• B. Major Variance. A major variance is a variance that may be approved from the standards and regulations referenced in Section 24.535.110. (Ord. No. 2021-017, § 71, 12-13-21)

An application for a variance shall be reviewed pursuant to Section 24.500.060, with the decision-making authority as follows:

• A. Planning commission is the decision-making authority for major variances.

• B. The director is the decision-making authority for minor variances. (Ord. No. 2021-017, § 71, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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A variance may not be granted to authorize a use or activity on a particular site which is not otherwise allowed by the applicable speciYc plan, zoning district or overlay zone regulations governing such site. (Ord. No. 2021-017, § 71, 12-13-21)

The following proposals require a minor variance:

A. Height, setback, yard or lot coverage regulations, or required distances between buildings, or between buildings and accessory structures, in all zones other than the R-1-B and R-2-B zones; provided, that:

1. The setback required from the blu] edge by Section 24.315.050 in the CB overlay zone may not be decreased pursuant to an administrative variance;

2. In the R-1-B zone, a minor variance can be granted to authorize lot coverage greater than that allowed by Section 24.212.060(C) but not to exceed 45 percent; and

• B. Fence, wall or hedge regulations, but only when determined to be consistent with public safety and the appearance and character of the neighborhood.

C. O]-street parking space requirements, bicycle parking space requirements, loading space requirements, vehicle stacking standards, driveway or drive aisle requirements, or back-out requirements on private property.

D. Patio cover and accessory structure regulations to the extent allowed by the city’s building code; provided, that the director includes, as a condition of approval for any such administrative variance, a condition prohibiting the patio cover from being used as a carport, garage, or habitable room, or for storage.

E. Architectural standards for mobile homes may be modiYed to allow rooYng or siding materials of a reZective nature or roofs with less than 16-inch overhang.

F. A sign variance from the strict application of any provision of Chapter 24.420, except that a monument sign with a height greater than 12 feet shall require a major variance. (Ord. No. 2021-017, § 71, 12-13-21)

Major variances are required in all the following instances:

A. A major variance is required to authorize any project that would result in a lot having an area or width that is less than the minimum required by this zoning ordinance; provided, that no variance shall be required to authorize a project that would result in a nonconforming lot being brought closer into conformity with the standards of this zoning ordinance as described in Section 24.465.020(A).

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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• B. Reserved.

C. A major variance is required to authorize a decrease in the setback from a blu] edge in the CB overlay zone required by Section 24.315.050.

• D. A major variance is required to allow any sign that is otherwise prohibited pursuant to Section 24.420.270.

• E. A major variance is required to allow variation from a standard that is not listed as a minor variance in Section 24.535.070.

• F. A major variance is required for a monument sign with a height greater than 12 feet.

• G. A major variance is required to allow a project to exceed hillside height regulations set forth in Chapter 24.405.

• H. A major variance is required to authorize any project in the R-1-B zone that would result in:

  1. Lot coverage greater than 45 percent;

  2. Setbacks less than required by Section 24.212.090;

  3. Building height greater than allowed by Section 24.212.070

  4. Projections into yards otherwise prohibited by Section 24.410.030; or

  5. A number of o]-street parking spaces less than required by Chapter 24.415 or change in the manner in which such parking spaces are to be provided.

• I. A major variance is required to authorize any project in the R-2-B zone that would result in:

  1. Lot coverage greater than allowed by Section 24.216.060(C);

  2. Setbacks less than required by Section 24.216.090;

  3. Building height greater than allowed by Section 24.216.070;

  4. Projections into yards otherwise prohibited by Section 24.410.030 or 24.410.040; or

  5. A number of o]-street parking spaces less than required by Chapter 24.415 or a change in the manner in which such parking spaces are to be provided. (Ord. No. 2021-017, § 71, 12-13-21)

In order for the decision-making authority to approve a variance, Yndings must be made by the decision-making authority as follows:

• A. For minor variances (except for signs), all the following Yndings must be made:

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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1. The project authorized by the variance is consistent with the policies and provisions of the comprehensive plan and with the purposes and requirements of this zoning ordinance;

2. The project authorized by the variance is compatible with existing improvements and consistent with the scale and character of existing development in the same vicinity or zone;

3. The project authorized by the variance will not be detrimental to or adversely impact adjacent properties;

4. Approval of the variance does not grant a special privilege inconsistent with the limitations on other properties in the same vicinity or zone; and

5. Approval of the variance is not based on economic hardship.

• B. For minor variances for signs, all the following Yndings must be made:

  1. The proposed sign is in conformance with the purposes of Chapter 24.420;

  2. The proposed sign will enhance the unique character and visual appearance of the city;

  3. The proposed sign is an integral and well-designed portion of the overall building or site;

  4. Strict compliance with the provisions of Chapter 24.420 would be detrimental to the design of the sign, architectural characteristics of the building, or design of the site; and

  5. The granting of a sign variance would not constitute the granting of a special privilege to the applicant, nor would it grant an undue advantage to the applicant.

• C. For major variances, all of the Yndings must be made:

  1. The project authorized by the variance is consistent with the policies and provisions of the comprehensive plan and with the purposes of this zoning ordinance as set forth in Section 24.105.030;

  2. There are special conditions, or exceptional circumstances, involving the physical attributes of the

subject property, including, without limitation, its size, shape, topography, location, or surroundings, which do not apply generally to the properties in the same vicinity and zone;

3. Approval of the variance is necessary because strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the same vicinity and zone;

4. Approval of the variance does not grant a special privilege inconsistent with the limitations on other properties in the same vicinity or zone; and

5. Approval of the variance is not based on economic hardship.

D. For all variances in the hillside area, the following Ynding must be made in addition to the minor or major variance Yndings, as applicable:

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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1. Evaluating the proposed project in light of reasonable use and development of the property on which the proposed structure or expansion is to occur, the project authorized by the variance will not unreasonably or unnecessarily interfere with the scenic view from any other public or private property; including, but not limited to, public streets and other public areas. (Ord. No. 2021-017, § 71, 12-13-21)