Claremont City Zoning Code
CHAPTER 16
309 VARIANCES
§ 16.309.000 Intent.
Where practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict interpretation of any of its provisions, the Planning Commission, upon its own motion, may, or upon the verified application of any interested persons, shall initiate proceedings for consideration of a variance from the provisions of this title. The Planning Commission in granting said variance may establish such conditions as may be deemed necessary to assure that the intent and purpose of this title and the public health, safety and welfare will be promoted.
A variance shall not be construed as an amendment to this Code or cause the maps which are part of this title to be changed.
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§ 16.309.010 Justification.
The applicant shall set forth in detail on forms provided by the Director of Community Development, the reasons for the requested variance and shall show thereon how the conditions set forth in this section are satisfied, and all other information as may be required by the Planning Commission.
The Planning Commission, before granting a variance, must make a finding in writing that in the evidence presented all of the first four, or the last subsection E if it applies, of the following conditions exist in reference to the property being considered.
A.
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district.
B.
That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district.
C.
That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.
D.
That the granting of such a variance will not be contrary to the objectives of the General Plan.
E.
Appeals
That a variance may be considered where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title or any ordinance adopted pursuant to it. In this case, the City may waive the filing fees required.
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§ 16.309.020 Procedure.
B.
The Planning Commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.
C.
In cases where the Director considers the conditions set forth on the application not within the scope of the variance procedure, the applicant shall be so informed, whereupon, if the application is filed, it shall be signed by the applicant to the effect that he or she was so informed. Filing of an application does not constitute an indication of approval.
D.
A person may not file and the Director shall not accept an application which is the same as or substantially the same as an application upon which final action has been taken by the City of Claremont within 12 months prior to the date of said application, unless accepted by a motion of the Planning Commission or City Council.
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§ 16.309.030 Filing fee.
Fees shall be established by resolution of the City Council.
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§ 16.309.040 Public hearing.
A.
Notice shall be published in a newspaper of general circulation in the community not less than 10 nor more than 15 days before the date set for the Commission hearing. The notice shall contain all data pertinent to the hearing.
B.
Written notices shall be mailed not less than 10 days prior to the date of the hearing to owners of property within a radius of 300 feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the tax roll of the County. Such notice shall contain all pertinent data contained in the application.
C.
Signs, at least eight inches by ten inches, shall be posted on the subject property setting forth substantially the same information included in any mailed notice. There shall be a minimum of two such signs on the subject property. Said signs shall be posted at least 10 days prior to the public hearing.
D.
Not more than 40 days following the filing of the application, the Commission shall hold a public hearing on the variance application. Within 40 days after the conclusion of the hearing, the Commission shall at a regular meeting or scheduled special meeting, render a decision in writing. Said decision shall be filed with the Council and a copy thereof shall be mailed to the applicant at the address shown on the application.
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§ 16.309.050 Appeal.
The petitioner or any other interested person may appeal any decision of the Planning Commission or any condition imposed by the Planning Commission by filing a written request, on forms provided by the Director, together with an appeal fee established by resolution of the City Council, with the City Clerk. The appeal shall be filed within 10 calendar days of the decision of the Planning Commission. The period shall commence on the first day after the action of the Planning Commission and shall terminate at the end of the tenth day, including therein the first day. If such an appeal is made, a copy of the Planning Commission finding shall be transmitted to the Council together with the appeal and the Council shall confirm or deny said appeal. If the Council so desires, it may conduct public hearings subject to the same procedures and notification as required for Planning Commission hearings.
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§ 16.309.060 Conditions.
The Commission in granting a variance, may set forth reasonable conditions which shall assure the intent and purpose of this title.
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§ 16.309.070 Failure to comply.
A.
Non-compliance with any condition on a variance shall constitute a violation of the Zoning Ordinance.
B.
Each variance granted under the provisions of this Article shall become null and void unless:
1.
The construction authorized by said variance or permit shall have been commenced within 180 days after the granting of said variance or for such other period as the Commission may have established, and pursued diligently to its completion, or
2.
The occupancy of land or buildings authorized by such variance has taken place within 180 days, or such other period as the Commission may have established, after the granting of said variance.
C.
Where circumstances beyond the control of the applicant causes delays which do not permit compliance within the time limits established herein, the Commission may grant an extension of time for a period not to exceed an additional 90 days.
(08-05)