Bellflower City Zoning Code
CHAPTER 17
100 VARIANCES
§ 17.100.010 Intent.
When practical difficulties, unnecessary hardships or results inconsistent with the purpose of this title result from a strict and literal interpretation and enforcement of the provisions of this title, the Planning Commission or the City Council, upon the receipt of a verified application stating fully the grounds for the application and the facts relied upon, or upon the motion of said Commission, or motion of the City Council, shall have authority, subject to the provisions of this chapter, to grant, upon such conditions and safeguards as it may determine, such variances from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done.
(Prior code § 19-23.1)
§ 17.100.020 Procedures.
A.
Upon the filing of a verified application, or upon its own motion or motion of the City Council, the Planning Commission or the City Council shall give public notice of the intention to consider the granting of a variance as provided in Chapter 17.108.
B.
Not more than 20 days following completion of Commission action, the Planning Commission shall announce its findings by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the granting or denial of the variance necessary to carry out the provisions of this chapter and the general purpose of this title, and if such resolution grants a variance, it shall also recite such conditions and limitations as may be imposed to serve the purpose of this chapter, and forthwith transmit a copy of its action to the applicant via certified or registered mail.
C.
The action of the Planning Commission on any such variance shall be final and effective within 10 days following final action thereon. Provided, however, that if:
1.
Within such 10 days period an appeal in writing is filed with the City Council in the manner prescribed in Chapter 17.112 of this title, the filing of said appeal within such time limit shall serve to hold in abeyance the effective date of the variance granted by the action of the Planning Commission until such time as the City Council, in the manner prescribed in Chapter 17.108 of this Code, shall have held a public hearing on such appeal. The decision of the City Council on such appeal shall be final and conclusive.
2.
Such variance action, absent an appeal, is part of a proposal for which other discretionary approval from the City Council is required pursuant to State law or this Code (e.g., general plan amendment, zone change, zone overlay, zoning ordinance text amendment, planned development, etc.), the decision of the Planning Commission shall be advisory only. The decision of the City Council on variance such shall be final and conclusive.
(Prior code § 19-23.2)
§ 17.100.030 Necessary Conditions Precedent to the Granting of a Variance.
A.
The applicant shall set forth in detail in forms provided by the Commission, the justification for the requested variance, and shall show thereon how all the conditions set forth in this chapter and all other information requested by the Commission are satisfied. Before granting approval of a variance, the applicant shall affirmatively show or prove, and the Commission or City Council shall be satisfied, that all of the following conditions are met:
1.
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to the property or class of use in the same vicinity or district.
2.
That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant that is possessed by other property in the same vicinity and district.
3.
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.
4.
That the granting of such variance will not adversely affect the Comprehensive General Plan.
B.
Before any variance may be granted, it must be affirmatively shown and proved that because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone or district classification.
D.
In cases where the Planning Department staff consider the statements set forth on the application are not within the scope of the variance procedure, the applicant shall be so informed, whereupon, if the application is accepted, it shall be endorsed by the applicant to the effect that he or she was so informed. Acceptance of an application shall not constitute an indication of approval.
(Prior code § 19-23.3)
§ 17.100.040 Voiding of Variances.
Each variance granted under the provisions of this chapter shall become null and void unless:
A.
The applicant shall within 30 days from the issuance of such written notice, file with the City Clerk a copy of his/her affidavit, duly recorded, whereby he or she acknowledges that the applicant is aware of all the conditions imposed by the Planning Commission in granting a variance;
B.
The construction authorized by said variance or permit shall have been commenced within one year after the granting of said variance and pursued diligently to completion; or
C.
The occupancy of land or buildings authorized by such variance has taken place within one year of the granting of such variance;
D.
The Planning Commission, upon proper findings that the applicant has duly pursued compliance with the conditions of the permit imposed by the Planning Commission and/or City Council, and due to circumstances beyond his/her control has been unable to comply with said conditions within the time period stated in Subsections (B) and (C) of this section, is authorized to grant only one extension for a period they deem appropriate, but in no event to exceed 180 days in which the applicant may comply with said conditions;
E.
Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits herein, the Planning Commission may grant an extension of time for a period not to exceed an additional 90 days, after notices as provided in Chapter 17.108 and hearing have been concluded.
(Prior code § 19-23.4)
§ 17.100.050 Conditions.
A.
The approving authority (Commission or City Council) may establish reasonable conditions granting any variance the approving authority finds and determines are necessary to assure the intent and purpose of this title. In granting a variance under this chapter, the approving authority shall designate such lawful conditions in connection therewith which it shall find and determine are necessary to secure substantial protection for the public health, safety, comfort, convenience and general welfare. Such conditions may include, but are not limited to, any or all of the following:
B.
The Commission of the City Council may require that the applicant post with the City a satisfactory performance bond as to any conditions imposed in an amount equal to the estimated cost plus 10%. This bond may be furnished by a qualified surety company satisfactory to the Commission, excepting cases when a cash deposit is accepted by the Commission.
(Prior code § 19-23.5)
§ 17.100.060 Termination by Cessation of Use.
If at any time the use authorized by any variance shall cease for a period of 180 days, any use of the land or building(s) shall be in conformity with the provisions of this title.
(Prior code § 19-23.6)
§ 17.100.070 Voiding of Variance.
After a public hearing held in the manner prescribed in Chapter 17.108, the Commission may, by the affirmative note of not less than three members of the Commission, revoke or add additional restrictions to any variance issued on any one or more of the following grounds:
A.
That the approval was obtained by fraud.
B.
That the use for which such approval was granted is not being exercised.
C.
That the time period for which such approval was granted has lapsed or been violated.
D.
That the variance granted has been exercised contrary to the conditions of such approval, or in violation of any statute, ordinance, law or regulation.
E.
That the use for which the approval was granted was so exercised as to be detrimental to public health, or welfare or so as to constitute a nuisance.
(Prior code § 19-23.7)
§ 17.100.080 Minor Modifications.
A.
Purpose. The purpose of a minor modification is to provide flexibility necessary to achieve the objectives of the General Plan and the Zoning Ordinance by providing for minor adjustments to development regulations in those circumstances where such request constitutes a reasonable use of property that will be compatible with adjoining uses.
B.
Application and Fee. An application for a minor modification shall be made by the property owner or qualified applicant on a form prescribed by the Planning Director and shall provide information regarding the precise nature of the request for a minor modification. Applicant shall be required to submit a fee, in amount set by resolution of City Council prior to the processing of the application.
C.
Applicability. The Planning Director or his/her designee may grant a minor modification as follows:
1.
Setbacks. In any zone, modification of the front, side, or rear yard setback requirements; provided that the total modification shall not reduce the applicable setbacks by more than 10% of those otherwise required in the zone.
2.
Lot Coverage. In any zone, modifications of the lot coverage requirement; provided that the total modification shall not increase the applicable coverage more than 10% of the otherwise maximum lot coverage in the zone.
3.
Structure Size. In any zone, modifications of the structure size requirement; provided that the total modification shall not increase or decrease the applicable structure size more than 10% of the otherwise requisite structure size in the zone.
4.
Structure Heights. In any zone, modifications of the building or structure height requirement; provided that the total modification shall not increase the applicable building or structure height by more than 10% of the otherwise maximum height in the zone, nor add another habitable story.
5.
Usable Open Space. In any zone, modifications of the usable open space requirement; provided that the total modification shall not decrease the required open space more than 10% of the otherwise required open space more than 10% of the otherwise required usable open space in the zone.
6.
Fence Heights. In any zone, modifications of the maximum fence height requirement provided that the total modification shall not increase the applicable fence height by more then 10% of the otherwise maximum height in the zone. In industrial zones, a modification of 20% may be allowed.
7.
Parking. In any zone, a decrease in the number of required parking spaces of not more than 10% when total required spaces are at least 20 spaces.
Any request which exceeds the prescribed limitations outlined in this chapter shall not be approved as a minor modification. The property owner may file a variance application pursuant to this chapter. |
D.
Approval of a Minor Modification. A minor modification shall be approved, conditionally approved, or denied by the Planning Director pursuant to the requirements of this section. A minor modification may be approved only if the following findings are made:
1.
That completion of the project as proposed is not inconsistent with the objectives of the General Plan and intent of the zoning regulations; and
2.
That the minor modifications will not adversely affect the health, safety or general welfare of persons residing or working on the site or in the vicinity; and
3.
That the proposed project is consistent with the requirements of the Uniform Building Code.
E.
Burden of Proof. The burden of proof to establish evidence in support of the findings for a minor modification as required by this section is the responsibility of the applicant.
F.
Expiration. A minor modification shall be exercised, through commencement of substantial construction, within one year of the date of its approval or it shall become null and void. The Planning Director may grant a time extension for up to one year. An application for an extension shall be filed with the Department of Planning no later than 30 days prior to the expiration of the minor modification approval.
G.
Revocation. The Planning Director may revoke or modify a minor modification if any one of the following findings can be made:
1.
The minor modification was obtained by misrepresentation or fraud; or
2.
A violation of a term, limitation or condition placed upon the minor modification has occurred; or
3.
That the improvement authorized pursuant to the minor modification is in violation of any statute, ordinance, law or regulation.
H.
Appeals to Planning Commission. Any determination of the Planning Director with respect to a minor modification application may be heard by the Planning Commission upon submittal to the Planning Department of a variance application, accompanied by the fee established by resolution of the City Council. In the absence of an appeal application being filed within 15 days after the determination of the Planning Director, such determination is final.
(Prior code § 19-23.8)