Chapter 18.28
VARIANCES
Sections:
18.28.060 Conditions of approval.
18.28.070 Appeals – Expiration, extensions, and revisions – Revocation.
18.28.010 Purpose.
This chapter is intended to provide a mechanism for relief from the strict application of this code where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions. [Ord. 24-002 § 5 (Exh. A).]
18.28.020 Applicability.
Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this code does not authorize for a specific lot or site. [Ord. 24-002 § 5 (Exh. A).]
18.28.030 Review authority.
The Planning Commission shall act as the review authority for variance applications based on consideration of the requirements of this chapter. [Ord. 24-002 § 5 (Exh. A).]
18.28.040 Procedures.
A. Application. Applications for a variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in DMC 18.21.020, Application forms and fees. In addition to any other application requirements, the application for a variance shall include evidence showing that the requested variance conforms to the required findings set forth in DMC 18.28.050, Required findings.
B. Public Notice and Hearing. All applications for variances require public notice and hearing before the Planning Commission pursuant to Chapter 18.21 DMC, Common Procedures. [Ord. 24-002 § 5 (Exh. A).]
18.28.050 Required findings.
After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a variance application. The Commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
A. There are unique, exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
B. The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest;
C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
D. The granting of the variance will be consistent with the general purposes and objectives of this code, any applicable specific plans, and the General Plan. [Ord. 24-002 § 5 (Exh. A).]
18.28.060 Conditions of approval.
In approving a variance, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. Achieve the general purposes of this code or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a variance granted; or
D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA). [Ord. 24-002 § 5 (Exh. A).]
18.28.070 Appeals – Expiration, extensions, and revisions – Revocation.
A. Appeals. Variance decisions are subject to the appeal provisions of DMC 18.21.120, Appeals.
B. Expiration, Extensions and Revisions. Variance approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.
C. Revocation. Variance approval may be revoked pursuant to DMC 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Ord. 24-002 § 5 (Exh. A).]