Martinez City Zoning Code
CHAPTER 22
44 VARIANCES
§ 22.44.010 Purposes.
The Board of Adjustments is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Title as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed therein. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site, or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site, or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of this Title is provided by the conditional use provisions.
(Prior code § 10,119.0; Ord. 822 C.S. § 2, 1975)
§ 22.44.020 Powers of Board of Adjustments.
The Board of Adjustments may grant variances to the regulations prescribed by this Title with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yard, height of structures, distances between structures, off-street parking facilities and off-street loading facilities in accord with the procedure prescribed in this Chapter.
(Prior code § 10,119.1; Ord. 822 C.S. § 2, 1975)
§ 22.44.030 Application and fee.
A.
Application for a variance shall be made to the Board of Adjustments on a form prescribed by the Board, which shall include the following data:
1.
Name and address of the applicant;
2.
Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3.
Address or description of the property;
4.
Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship, inconsistent with the objectives of this Title which would result from a strict or literal interpretation and enforcement of a specified zoning regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in Section 22.44.070 of this Chapter.
B.
The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected showing the contours of intervals of not more than 5 feet and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, and landscaped areas.
C.
The application shall be accompanied by a fee set by resolution of the Board of Adjustments sufficient to cover the cost of handling the application as prescribed in this Chapter.
D.
The application shall be filed with the Zoning Administrator. He shall give notice to the applicant of the time when the application will be considered by the Board and he may give notice of the time to any other interested party.
(Prior code § 10,119.2; Ord. 822 C.S. § 2, 1975)
§ 22.44.040 Public hearing-Notice.
The Board of Adjustments shall hold a public hearing on an application for a variance within forty-five (45) days of the date when the application was filed. Notice of the hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing in the manner prescribed by the Board.
(Prior code § 10,119.3; Ord. 822 C.S. § 2, 1975)
§ 22.44.050 Public hearing-Procedure.
At the public hearing the Board of Adjustments shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 22.44.070 of this Chapter.
(Prior code § 10,119.4; Ord. 822 C.S. § 2, 1975)
§ 22.44.060 Investigation and report.
The Zoning Administrator shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Board of Adjustments.
(Prior code § 10,119.5; Ord. 822 C.S. § 2, 1975)
§ 22.44.070 Action of Board of Adjustments.
A.
The Board of Adjustments may grant a variance to a regulation prescribed by this Title with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yard, height of structures, distance between structures or landscaped areas as the variance was applied for or in modified form if, on the basis of the application, the report of the Zoning Administrator, and the evidence submitted, the Board makes the following findings:
1.
Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Title;
2.
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 properties classified in the same zoning district;
3.
Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
4.
The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district;
5.
The granting of the variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
B.
The Board of Adjustments may grant a variance to a regulation prescribed by this Title with respect to off-street parking facilities or off-street loading facilities, as the variance was applied for or in modified form if, on the basis of the application, the report of the Zoning Administrator, and the evidence submitted, the Board makes the findings prescribed in Subdivisions 1 through 5 of this Section and the following additional findings:
1.
Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably required strict or literal interpretation and enforcement of the specified regulation;
2.
The granting of a variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;
3.
The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this Title.
C.
A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Board may prescribe.
D.
The Board of Adjustments may deny a variance application.
E.
A variance shall become effective upon the expiration of 10 days following the date on which the variance was granted by the Board.
(Prior code § 10,119.6; Ord. 822 C.S. § 2, 1975)
§ 22.44.080 Appeal to Board of Appeals.
A.
Within 10 days following the date of a decision of the Board of Adjustments on a variance application, the decision may be appealed to the Board of Appeals by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Board and shall be filed with the Planning Department. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Board or wherein its decision is not supported by the evidence in the record.
B.
Within 20 days of the filing of an appeal, the Zoning Administrator shall transmit to the Board of Appeals the variance application, the scale drawing of the site and all other data filed therewith, and the minutes of the public hearing, the report of the Zoning Administrator, the findings of the Board and its decision on the application.
C.
The Zoning Administrator shall give to the applicant and to the appellant (if the applicant is not the appellant) the time when the appeal will be considered by the Board of Appeals. The Zoning Administrator shall also notify all property owners to whom notices of the Board of Adjustments' hearing were mailed.
(Prior code § 10,119.7; Ord. 822 C.S. § 2, 1975)
§ 22.44.090 Action of the Board of Appeals.
A.
The Board of Appeals shall hear the matter de novo and may affirm, or may reverse or modify the decision of the Board of Adjustments. Approval of the variance at issue shall require a majority vote of the members of the Board of Appeals voting on the matter. A tie vote shall have the legal effect of denying the variance.
B.
A variance which has been the subject of an appeal to the Board of Appeals shall become effective 10 days following the date on which the variance is granted by the Board of Appeals.
(Prior code § 10,119.8; Ord. 822 C.S. § 2, 1975; Ord. 865 C.S. § 1 1977; Ord. 1275 C.S. § 5, 2000)
§ 22.44.100 Appeal to City Council.
A.
Within 10 days following the date of a decision of the Board of Appeals on a variance application, the decision may be appealed to the City Council by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Board and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Board or wherein its decision is not supported by the evidence in the record.
B.
Within 5 days of the filing of an appeal, the Zoning Administrator shall transmit to the City Clerk the variance application, the scale drawing of the site and all other data filed therewith, and the minutes of the public hearing, the report of the Zoning Administrator, the findings of the Board and its decision on the application.
C.
The City Clerk shall give to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the City Council. The City Clerk shall also notify all property owners to whom notices of the Board of Appeals hearing were mailed.
(Prior code § 10,119.9; Ord. 822 C.S. § 2, 1975)
§ 22.44.110 Action of City Council.
The City Council shall hear the matter de novo and may affirm, or may reverse or modify the decision of the Board of Appeals. Approval of the variance at issue shall require a majority vote of the members of the City Council voting on the matter. A tie vote shall have the legal effect of denying the variance. An appeal fee shall be required per Section 22.40.110, Section D.
(Ord. 1275 C.S. § 6, 2000)
§ 22.44.120 Lapse of variance.
A variance shall lapse and shall become null and void 1 year following the date on which the variance becomes effective, unless prior to the expiration of 1 year, a building permit is issued and construction is commenced on the site, or a certificate of occupancy is issued by the Building Inspector for the site or structure which was the subject of the variance application. A variance may be renewed for an additional period of 1 year, provided that prior to the expiration of 1 year from the date when the variance originally became effective, an application for renewal of the variance is made to the Board. The Board may grant or deny an application for renewal of a variance.
(Prior code § 10,119.11; Ord. 822 C.S. § 2, 1975)
§ 22.44.130 Revocation.
A variance granted subject to a condition or conditions shall be revoked by the Board of Adjustments if the condition or conditions are not complied with.
(Prior code § 10,119.12; Ord. 822 C.S. § 2, 1975)
§ 22.44.140 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 1 year of the date of denial or revocation of the variance.
(Prior code § 10,119.13; Ord. 822 C.S. § 2, 1975)
