Fairfax City Zoning Code
CHAPTER 17
028: VARIANCES
§ 17.028.010 PURPOSE.
The purpose of this chapter is to allow variation from the strict application of the terms of this title where, by reason of exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of the ordinance codified in this title, or by reason of exceptional topographic conditions or other extraordinary situations or conditions of the piece of property, or of the use or development of the property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this title would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit and purpose of this title.
(Prior Code, § 17.16.010) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979)
§ 17.028.020 GRANTING AUTHORITY; CONSIDERATIONS.
(A)
The Planning Commission may grant a variance for structures, as defined in this title, which do not meet the height, number of stories, yard or lot coverage requirements, and for projects which do not meet off-street parking and loading requirements, except as otherwise required.
(B) In considering an application for a variance, the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures, to the physical environs of the proposed use and to all pertinent aspects of the public health safety and general welfare.
(Prior Code, § 17.16.020) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 486, passed - -1981)
§ 17.028.030 GRANT OR DENIAL; IMPOSITION OF CONDITIONS.
(A) A variance may be revocable, may be granted for a limited time period, may be granted subject to the conditions as the Planning Commission may prescribe, or may be denied.
(B) In authorizing or approving a variance, the Planning Commission may impose such requirements and conditions with respect to location, construction, appearance, maintenance or operation, in addition to those aspects expressly stipulated in the ordinance for the particular use, as the Planning Commission maydeem necessary for the protection of adjacent property and the public interest.
(C) The Planning Commission may further require the bonds, sureties or other guarantees as it deems necessary in each case, that the conditions will be complied with.
(Prior Code, § 17.16.030) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 486, passed - -1981)
§ 17.028.040 APPLICATION.
A verified application for a variance shall be made by the property owner or his or her agent, on a form prescribed by the Planning Commission, and be accompanied by a fee in accordance with the schedule of fees fixed and adopted by the Town Council. The application shall be accompanied by drawings required by the Building Code, and, in addition, by a plot plan showing the lot lines and dimensions and location of the improvements with dimensions and other data necessary to show that all other provisions of this title are fulfilled.
(Prior Code, § 17.16.040) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979)
§ 17.028.050 ACTION BY PLANNING COMMISSION.
(A) The Planning Commission shall act on an application for a variance within 45 days after the date on which the application is filed, unless additional time is allowed by the applicant or his or her authorized agent or representative within the time limits prescribed by State of California planning law.
(B) (1) Failure of the Planning Commission to act within the time specified or otherwise established shall constitute denial of the variance.
(2) Denial of the variance by the Planning Commission, including denial by reason of failure ofthe Planning Commission to act, is appealable in accordance with the provisions of Chapter 17.036.
(Prior Code, § 17.16.050) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979)
§ 17.028.060 PUBLIC HEARING; NOTICE.
(A) No variance shall be approved or issued unless and until a public hearing thereon is held.
(B) Notice of the time and place of the public hearing, together with a brief statement of the nature of the application shall be given in the same manner as provided for in § 17.004.070.
(C)
Additional notice of the public hearing, as provided in division (B) above, may be given to owners and renters of other property within 500 feet of applicant’s parcel when, in the opinion of the Planning Commission, the properties would be affected by the proceedings so noticed. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least 10 days prior to the public hearing.
(D) Any error, irregularity, informality or omission as to noticing shall not void or invalidate the proceedings, considerations or disposition of a variance application, except as may be otherwise provided under Cal. Gov’t Code § 65010.
(Prior Code, § 17.16.060) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 628, passed - -1994
; Am. Ord. 716, passed 9-6-2006
)
§ 17.028.070 REQUIRED FINDINGS.
The final disposition of each variance shall be in accordance with the facts of the particular case and the facts must support the following determinations and findings before a variance may be approved:
(A) All of the following findings must be made in order to grant a variance:
(1) Because of special circumstances applicable to the property, including size, shape,topography, location of surroundings, the strict application of this title will deprive the applicant of privileges enjoyed by other property owners in the vicinity and under identical zone classification;
(2) The variance or adjustment will not constitute a grant of special privilege, is consistent with the limitations upon other properties in the vicinity and under identical zone classification, and is consistent with the objectives of this title;
(3) The strict application of this title would result in excessive or unreasonable hardship;
(4) The granting of the variance or adjustment will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.
(B) Findings for variances of off-street parking or off-street loading regulations.
(1) Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
(2) Granting of the variance will not result in the parking or loading of vehicles on public streets in a manner as to interfere with the free flow of traffic on the streets.
(3) Granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this title.
(Prior Code, § 17.16.070)
(Ord. 352, passed --1973; Am. Ord. 461, passed --1979; Am. Ord. 486, passed --1981)
§ 17.028.080 ZONING PERMIT ISSUANCE.
Following the issuance of a variance by the Planning Commission and in the absence of any appeal thereunder, the Planning Director shall issue a zoning permit and shall determine that development is undertaken in compliance with the permit.
(Prior Code, § 17.16.080) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 486, passed - -1981)
§ 17.028.090 TIME LIMITS; EXTENSIONS.
Notwithstanding any other provision of this chapter, any permit granted for a variance shall comply with § 17.040.110 (“Permit Time Limits and Extensions”) of Chapter 17.040 (“General Zone Regulations”).
(Ord. 837, passed 10-2-2019)
§ 17.028.100 REVOCATION.
A variance granted subject to a condition or conditions shall be revoked by the Planning Commission if the condition or conditions are not complied with; provided that, the Planning Commission shall hold a public hearing on the revocation.
(Prior Code, § 17.16.100) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 486, passed - -1981)
§ 17.028.110 APPEALS.
Appeals may be made as provided herein under Chapter 17.032 of this title.
(Prior Code, § 17.16.110) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979)
§ 17.028.120 NEW APPLICATION.
Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six months of the date of denial or revocation of the variance, unless the denial or revocation is made without prejudice.
(Prior Code, § 17.16.120) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 486, passed - -1981)
§ 17.028.130 EXEMPTIONS.
The granting of a variance shall not be required for any of the following:
(A) Variations of site standards approved by the Town Council in connection with approval of a preliminary development plan or master development plan in accord with the provisions of Chapters 17.112 and 17.120 of this title; or
(B) The alteration of an existing structure which does not increase the discrepancy between existing conditions and any site standard even though present conditions on the site do not conform with the regulations for the district in which the site is located; provided that, the alteration is in compliance with the provisions of Chapter 17.016 of this title; and provided that, the alteration is not a second story addition, or does not involve a new window or door opening in a wall facing a substandard side or rear yard; and provided that, the property does not have non-conforming parking.
(Prior Code, § 17.16.130) (Ord. 352, passed - -197
3
; Am. Ord. 461, passed - -1979; Am. Ord. 486, passed - -1981)