Windsor Municipal Code Ch. 17.62 Variance

A. Purpose. This chapter allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones. [Source: 17.42.060, modified]

B. Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Code except allowed land uses, residential density, specific prohibitions, i.e., prohibited signs, or procedural requirements. The Director may grant a Minor Variance for a twenty-five (25) percent maximum adjustment to any provision of this Zoning Code eligible for a Variance. The Commission may grant all other Variances. [Source: 17.42.060.A, modified, modified]

A. Application Filing and Processing. An application for a Variance shall be filed in compliance with Chapter 17.52 (Application Processing Procedures). [Source: 17.42.060.B]

B. Project Review, Notice, and Hearing. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose of this chapter. The Review Authority shall conduct a public hearing on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Notices and Hearings) and State law. [Source: 17.42.060.C]

The Review Authority may approve a Variance, with or without conditions, only after first making all the following findings, as applicable. [Source: 17.42.060.D]

A. General Findings. The Review Authority shall make the following general findings: [Source: 17.42.060.D.1]

1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions, etc.), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones or creates an unnecessary and non-self-created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. [Source: 17.42.060.D.1.a, modified]

2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zone and denied to the property owner for which the Variance is sought. [Source: 17.42.060.D.1.b, modified]

3. Granting the Variance is consistent with the General Plan and any applicable specific plan. [Source: 17.42.060.D.1.c]

B. Findings for Off-Street Parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location or provide in-lieu fees or facilities instead of the required on-site parking spaces, the Review Authority shall first make both of the following findings in compliance with State law (Government Code Section 65906.5), instead of those required by Subsection A, above. [Source: 17.42.060.D.2]

1. The Variance would be an incentive to, and a benefit for, the subject nonresidential development; and [Source: 17.42.060.D.2.a]

2. The Variance would facilitate access to the subject nonresidential development by patrons of public transit facilities. [Source: 17.42.060.D.2.b]

In approving a Variance, the Review Authority: [Source: 17.42.060.E]

A. Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and Zone in which the property is located; and [Source: 17.42.060.E.1, modified]

B. May impose conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, etc.), deemed reasonable and necessary to ensure that the approval would comply with the findings required by Section 17.56.050 (Findings and Decisions). [Source: 17.42.060.E.2, modified]

Procedures relating to appeals and revocation as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Variance application. [Source: 17.42.060.F, modified]