Part 6 — Variances

(a) Applications for Variances in building setbacks, open space requirements, and off-street parking requirements where the application requests a Variance to the requirements of the base zoning district which is twenty percent (20%) or less of the required building setback requirements, or ten percent (10%) or less of off-street parking or open space requirements are Minor Variances and may be

759

(Watsonville Supp. No. 38, 3-20)

14-12.601

approved administratively by the Zoning Administrator.

(b) All other applications for Variances, including those related to Sign Permits, are Major Variances and must be approved by the Planning Commission, the final decision-maker. (Ord. 1156-03 C-M, eff. May 22, 2003)

An application for a Variance may be submitted by the property owner or an agent authorized in writing to act in the owner’s behalf to the Community Development Department in accordance with Part 4 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Zoning Administrator shall be the final decision-maker for Minor Variances. The Zoning Administrator shall render its decision, without a public hearing, pursuant to Part 5 of Chapter 14-10, subject to findings in Section 14-12.604 and conditions necessary to make the use compatible with surrounding uses. If the findings for the Variance cannot be made at the location, the application for Variance shall be denied. Appeal shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Planning Commission shall be the final decision-maker for Major Variances.

(a) The Zoning Administrator shall submit his report to the Planning Commission in the manner provided in Section 14-10.403.

(b) The Planning Commission shall hold a public hearing pursuant to Part 6 of Chapter 14-10. The public hearing shall be noticed in accordance with Part 9 of Chapter 14-10 and conducted in accordance with Part 10 of Chapter 14-10.

(a) The Zoning Administrator shall not approve a Minor Variance unless undue hardship is self-evident and the following findings are met:

(1) The granting of the Variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives embodied in the General Plan;

(2) The Variance is not requested exclusively on the basis of economic hardship to the applicant; and

(3) The Variance does not result in the establishment of a use (including lot size) which is not permitted within the specific zoning district.

(b) The Planning Commission shall not approve a Major Variance unless it finds that:

(1) By reason of exceptional narrowness, shallowness, or shape of the property in question, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the property in question, the strict application of the provisions of that title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the applicant;

(2) The circumstances or conditions do not apply generally to other properties in the same land use district;

(3) The granting of the Variance will not result in material damage or prejudice to other properties in the vicinity, substantial impairment of natural resources or be detrimental to the public health, safety and general welfare;

(4) The Variance is not requested exclusively on the basis of economic hardship to the applicant, nor was the situation requiring a Variance created by an act of the applicant, without obtaining permits. (Ord. 1156-03 C-M, eff. May 22, 2003)

The final decision-maker may impose conditions in accordance with Part 8 of Chapter 14-10. (Ord. 1156-03 C-M, eff. May 22, 2003)

(Ord. 1156-03 C-M, eff. May 22, 2003)

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(Watsonville Supp. No. 38, 3-20)

14-12.606

(a) No Minor or Major Variance shall be granted that allows a land use prohibited in the zoning district

760-1

(Watsonville Supp. No. 38, 3-20)

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14-12.1103

(g) Signs used in the home occupation shall comply with Chapter 6 of Title 8 of this Code;

(h) The home occupation shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.;

(i) The home occupation shall not generate additional pedestrian or vehicular traffic; shall not require additional off-street parking spaces for clients or customers; and shall not involve the use of commercial vehicles with six (6) or more wheels for pickup or delivery of materials to or from the premises;

(j) The home occupation shall not use more than one motor vehicle. Such vehicle shall be owned by the resident of the dwelling, shall be parked in an adequate off-street parking area, and shall not exceed three-quarter (3/4) ton in size;

(k) The home occupation may provide on-site sales and/or service, provided that the following criteria are met:

(1) The sales and/or service shall not necessitate a need for additional on-site parking;

(2) Sales and/or services to clients shall be provided on an appointment only basis;

(3) No more than two (2) clients per hour and sixteen (16) clients per day shall be permitted on-site; and

(4) No displays of merchandise and/or services rendered on-site shall be directly visible from outside the premises;

(l) The home occupation, in combination with the residential use of the dwelling, shall not cause a substantial increase in the use of any one or more public utilities including, but not limited to, water, sewer, gas, electricity, and garbage collection;

(m) The home occupation shall dispose of all waste materials or by-products on a regular, timely basis, in conformance with applicable garbage collection, Fire Department, and environmental health regulations;

(n) The home occupation shall be limited to the use of hand powered and/or electrically powered tools or devices on the premises. Electrically powered tools or devices shall not exceed one horsepower capacity or equivalent;

(o) The home occupation shall not utilize any equipment or process which creates noise, vibrations, glare, fumes, odor, smoke, hazardous materials, audio or visual electrical interference in a radio and/or television receiver, or line voltage fluctuations, any of which are detectable to the normal senses at the property line;

(p) Automotive or vehicular production, repair, bodywork, detailing or modification, and parts assembly, maintenance, repair, or installation shall not be permitted as a home occupation; and

(q) The home occupation shall be limited to one type of occupation per residence.

The Zoning Administrator is hereby authorized to add to, modify, or delete home occupation conditions of approval as necessitated by a specific permit application. The Zoning Administrator, if necessary, is further authorized, but is not required, to call a public hearing and/or refer a specific home occupation application to the Planning Commission for review and final determination. Such referral shall be made in writing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Any interested person shall have the right to appeal any ruling, order or action under this chapter pursuant to the provisions for appeals contained in Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Home occupations may be subject to periodic review by the Zoning Administrator to ensure compliance with the Home Occupation Permit. (Ord. 1156-03 C-M, eff. May 22, 2003)

Home Occupation Permits shall be granted personally to the applicant only, and shall not be transferable to any successor or assign. (Ord. 1156-03 C-M, eff. May 22, 2003)

767

(Watsonville Supp. No. 41, 2-23)

14-12.1106

Home Occupation Permits may be revoked by the Zoning Administrator and/or Planning Commission for violation of any of the conditions of approval, provisions of this Code, or for substantial changes in size, scale, or type of occupation. A public hearing may be held to consider a permit revocation in accordance with Part 10 of Chapter 14-10. The public hearing shall be noticed according to procedures contained in Part 9 of Chapter 14-10. (Ord. 1156-03 C-M, eff. May 22, 2003)

Where there is a conflict between the regulations of this chapter and the regulations of any other section of this Code, the regulations of other sections shall prevail where the regulations of any other section are more restrictive.

(Ord. 1156-03 C-M, eff. May 22, 2003)