Chapter 14.09.320
Variances
Sections:
14.09.320.050 Variances Findings.
14.09.320.060 Conditions of Approval.
14.09.320.010 Purpose.
This chapter is intended to provide a mechanism for relief from the strict application of the Zoning Ordinance where the subject property’s unique and special conditions exist which would preclude development within the provisions of the Zoning Ordinance. More specifically, this chapter is intended to:
A. Provide relief from certain regulations which, if applied to a proposed project, would be inconsistent with the objectives of the Zoning Ordinance;
B. Provide for the equitable use of properties where development would unreasonably be limited due to the irregular shape or size of the property, unusual topographic features, or other physical constraints;
C. Ensure that the public health, safety, welfare, and property values are protected, and that property owners are not deprived of privileges enjoyed by similar properties because of their property’s unique and special conditions; and
D. Implement the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.320.020 Applicability.
An applicant may apply for a variance application which may be granted to vary or modify dimensional development standards and performance standards required by this Zoning Ordinance. Variances do not allow land uses that are not allowed in established zoning districts, modifications to procedures, increases in density above the maximum permitted by zone (see Chapter 14.09.210 of this code, Affordable Housing, Density Bonus, and Incentives), a reduction in the minimum density, or other activities or standards that are not expressly authorized by the Zoning Ordinance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.320.030 Decision Maker.
The Planning Commission shall act as the decision maker for variance applications based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.320.040 Procedures.
A. Application. An application for a variance shall be filed with the Director of Community Development on the prescribed application forms in accordance with the procedures in Section 14.09.030.030, Application Forms and Fees. In addition, the application for a variance shall include a statement showing how the applicant contends the request meets the applicable criteria. Application for a variance is subject to Solano County Airport Land Use Commission review if the amendment applies to land within airport influence area of Nut Tree Airport or Travis Air Force Base and involves matters that may have airport land use compatibility implications.
B. Public Notice. An application for a variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 14.09.030.070, Public Notice.
C. Public Hearing. An application for a variance shall require a public hearing before the Planning Commission.
D. Decision. After conducting a public hearing, the Planning Commission shall make a determination if the application meets the applicable criteria to approve or conditionally approve a variance application. The Planning Commission shall deny an application for a variance if it is unable to make a determination that it meets the applicable findings, in which case the record of the Planning Commission’s action shall state the reasons for that determination.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.320.050 Variance Findings.
The Planning Commission must determine that a variance application meets the following findings to approve or conditionally approve a variance request:
A. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;
B. The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;
C. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits;
D. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity or the base district in which it is located;
E. The strict application of the Zoning Ordinance would deprive the property owner of privileges enjoyed by the owners of similar properties because of their property’s unique and special conditions;
F. The granting of the request will not constitute a granting of a special privilege inconsistent with the limitations on other properties in the vicinity within the same zoning district;
G. The granting of the request is necessary to prevent a physical hardship that would result from the strict application of the Zoning Ordinance and which is not the result of a previous action of the current or prior property owner intended to circumvent the standards of this Zoning Ordinance;
H. The granting of the request will not be detrimental or injurious to property or improvements in the vicinity, nor to the public health, safety, or general welfare;
I. The granting of the variance is the minimum request necessary to provide the requested relief; and
J. The granting of the request will be consistent with the general purposes and objectives of the General Plan, any applicable specific plans, and the purpose of the applicable zoning district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.320.060 Conditions of Approval.
In granting a variance request, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the criteria in Section 14.09.320.060, Variance Findings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)