To allow variations from the rules, regulations and provisions of this title where practical difficulties or unnecessary hardships may result from the strict application of the provisions of this title.

(Ord. 319 § 1(part), 1987)

A.

Filing. Application shall be made in writing by the property owner or his authorized agent, on forms provided by the planning department, and accompanied by such data and information as may be necessary to fully describe the request.

B.

Fee. The filing and investigation fee shall be as prescribed by city council resolution.

(Ord. 319 § 1(part), 1987)

Upon the filing of an application for variance, the zoning administrator shall set the matter for hearing before the planning commission. A notice of hearing shall be mailed at least ten calendar days prior to said hearing to all property owners, any part of whose property lies within a radius of three hundred feet of the applicant's property, using for this purpose the names of such owners as shown on the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses. Failure to receive the notice required by this chapter shall not invalidate the action of the planning commission. Notice of said hearing shall be published in a newspaper of general circulation at least ten days prior to the hearing.

(Ord. 319 § 1(part), 1987)

The planning commission shall have the power to grant variances, exclusive of use variances, when the zoning administrator has found and determined that all the following circumstances apply:

A.

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located.

B.

That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning regulation is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same zone classification.

C.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.

D.

That the granting of such variance will be in conformity with the general purpose and intent of this title and the general plan.

E.

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 zoning regulations governing the parcel of property.

(Ord. 319 § 1(part), 1987)

The planning commission's action on the variance shall be final within ten calendar days after the decision unless appealed to the city council. If the commission disapproves the conditional use permit, (and no appeal is filed) no same or similar proposal may be submitted for one year following the commission's action. The applicant or any other person not satisfied with the decision of the planning commission may appeal in writing to the city council. Said appeal shall be accompanied by a filing fee as prescribed by city council resolution, and shall be filed with the city clerk within ten days after the planning commission's decision or the right to appeal is deemed waived. The city clerk shall set a date for a public hearing before the city council within thirty days and shall give notice to the appellant, the applicant and neighboring property owners in the manner provided in Section 17.100.030. If the request is appealed to the city council and the council upholds the commission's action, no same or similar proposal may be submitted for one year following the council's action.

(Ord. 319 § 1(part), 1987)

(Ord. No. 454, § 13, 3-12-2012)

No variance which has been approved by the planning commission shall be issued prior to the expiration of the appeal period as set forth in Section 17.100.050, or the final action on an appeal to the city council.

(Ord. 319 § 1(part), 1987)

Any variance granted or approved by the planning commission involving the erection, alteration, or enlargement of a building or structure for which a building permit is required is null and void after the expiration of one year from date said variance is granted unless the applicant obtains a building permit within one year from date said variance is granted and thereafter the time provisions of the building permit so secured shall prevail. The zoning administrator for good cause shown, may extend said one year period for not longer than an additional six months upon application in writing being made before expiration of said variance.

(Ord. 319 § 1(part), 1987)

A.

Purpose. The purpose of this section is to provide a mechanism whereby minor deviations from district regulations can be granted by the planning director. A minor deviation may be granted for up to twenty percent of the regulations (except for minimum lot area) for the district in which the project is located. Any minor deviation that exceeds the deviation percentage explained above shall be processed as a variance consistent with the regulations detailed in Chapter 17.100 Variances, as shall any deviation from minimum lot area standards.

Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions inconsistent with the purpose and objectives of this section may result from the strict application of certain provisions of this section. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other like districts in Farmersville.

B.

Applicability. The planning director may grant a minor deviation from district regulations, including setbacks, lot dimensions, height of structures and fences, walls and hedges, lot coverage, and parking standards.

C.

Application and Fee. An application for a minor deviation shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council.

D.

Report and Findings. The city director shall prepare a report on the minor deviation application and shall review the following findings with regard to a minor deviation.

1.

There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and unclear property lines, where the strict application of this section deprives such property right possessed by other property in the same vicinity or other properties that have the same district classification;

2.

That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same district classification;

3.

That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and district in which the property is located; and

4.

That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the property is located.

E.

Action of the Planning Director. Minor deviations may be processed as an administrative matter by the planning director. Following a review of a minor deviation application and the findings listed above, the planning director may take action on the minor deviation. The planning director can approve, approve with conditions or deny the minor deviation based on the findings listed above. Following a decision by the planning director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision.

The director's decision shall be final unless appealed to the planning commission consistent with procedures contained in Section 17.100.050 (Appeals). Within ten days of approving the minor deviation, the director shall transmit a copy of the administrative agreement to the applicant.

F.

Conditions. The director can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviations shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

(Ord. No. 464, §§ 22, 23, 7-28-2014)

A.

Applicability and Purpose. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

B.

Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in city hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in city hall.

C.

Requesting Reasonable Accommodation.

1.

In order to make housing available to an individual with a disability, any eligible person as defined in Subsection 17.08.106 a may request a reasonable accommodation.

2.

Requests for reasonable accommodation shall be in writing and provide the following information:

a.

The applicant's name, address, and telephone number;

b.

Address of the property for which the request is being made;

c.

The name and address of the property owner, and the owner's written consent to the application;

d.

The current actual use of the property;

e.

The basis for the claim that the individual is considered disabled under the fair housing laws: Identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical, or mental limitations;

f.

The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

g.

The type of accommodation sought;

h.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disable person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

i.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

j.

Other supportive information deemed necessary by the city to facilitate proper consideration of the request, consistent with fair housing laws.

3.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

5.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

6.

Review with Other Land Use Applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, architectural review, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the city planner, before proceeding with the other applications.

7.

Fee. The fee for an application for reasonable accommodation shall be established by resolution of the city council.

D.

Reviewing Authority.

1.

Requests for reasonable accommodation shall be reviewed by the city planner, using the criteria set forth in subsection 17.100.090(E). Information related to an applicant's disability shall be kept in strict confidence in the city planner's office.

2.

The city planner shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection 17.100.090(E).

3.

If necessary to reach a determination on the request for reasonable accommodation, the city planner may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.

E.

Required Findings.

1.

The written decision to grant, grants with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

a.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

b.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

c.

Whether the requested accommodation would impose an undue financial or administrative burden on the city and;

d.

Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

e.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with these findings including the following:

i.

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

ii.

Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

iii.

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

iv.

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

v.

Measures to reduce the impact on surrounding uses;

vi.

Measures in consideration of the physical attributes of the property and structures;

vii.

Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district; and

viii.

Other conditions necessary to protect the public health, safety, and welfare.

F.

Written Decision on the Request for Reasonable Accommodation.

1.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection 17.100.090(E). All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2.

The written decision of the city planner shall be final unless an applicant appeals it to the city's planning commission within ten days of the date of the written decision by following the process found in subsection H of this section.

3.

The city planner shall render a written decision on the request for reasonable accommodation within the sixty-day time period unless the city notifies the applicant in writing of an extension of the deadline for the city to render its decision.

4.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

G.

Appeals.

1.

Within thirty days after the date on the city planner's written decision, an applicant may appeal an adverse decision to the planning commission. The planning commission's decision shall be final. However, in its sole and absolute discretion the city council (or its designee) reserves the right to hear or decline a request to hear an appeal of the planning commission's decision. Such a request to the city council must be submitted within ten days after the planning commission's decision. All appeals from an adverse decision must be made in writing and dated. If the city council agrees to hear an appeal from the planning commission, the decision of the city council (or its designee) shall be final and supersede the decision of the planning commission.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

3.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available, so long as the aggrieved individual has fully followed the process contained in this section.

(Ord. No. 470, § 2, 9-26-2015)