Plymouth City Zoning Code
CHAPTER 19
22 ADJUSTMENTS AND VARIANCES
§ 19.22.010 Purpose.
The purpose of this chapter is to allow for some flexibility from the strict application of this title. This chapter provides the process for review and determination of Adjustments and Variances that can allow development to deviate from the standard development requirements. Each permit type is described in this chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 19.04 (Application Processing).
(Ord. 2014-01 § 1)
§ 19.22.020 Applicability.
A.
Adjustment. An Adjustment to certain City Development Standards may be approved or denied by the Planning Director. Adjustments may be granted to modify certain requirements of this Code, but do not apply to land use and are not intended to waive a specific prohibition or procedural requirement.
B.
Variance. A Variance may be granted for any exception to the requirements of this title by the Planning Commission. However, a Variance may not be granted to do any of the activities listed in Section 19.22.040.C (Exemptions).
(Ord. 2014-01 § 1)
§ 19.22.030 Adjustments.
A.
Purpose. Adjustments may be needed to certain provisions to allow creative design solutions and to accommodate unique site conditions.
B.
Applicability. An Adjustment to certain Zoning Code provisions may be granted to modify certain requirements of this Code, as listed in Table 19.22.030-1 (Standards Subject to Adjustment). Adjustments do not apply to land use and are not intended to waive a specific prohibition or procedural requirement.
TABLE 19.22.030-1 STANDARDS SUBJECT TO ADJUSTMENT | |
|---|---|
Standard | Maximum Reduction or Increase |
Fence height | 2-foot increase |
Parking or loading spaces - Number required | 25% |
Setbacks (reduction) | 10% |
Maximum lot coverage (increase) | 10% |
Maximum height (increase) | 10% |
C.
Review Process. An application for an Adjustment shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution.
D.
Public Notice. The Planning Director shall, not less than 10 days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application.
E.
Findings. The Planning Director shall approve, or approve with conditions, an application for an exception after finding all of the following. If the Planning Director does not make all of these findings, he or she shall deny the Adjustment application.
1.
The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
2.
The proposed development is compatible with existing and proposed land uses in the surrounding area.
3.
Any exceptions to or deviations from the density, requirements, or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).
4.
Granting the Adjustment request will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
5.
The Adjustment is consistent with the General Plan or any applicable specific plan or development agreement.
6.
The Adjustment is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights.
F.
Conditions. In approving an Adjustment, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code.
(Ord. 2014-01 § 1)
§ 19.22.040 Variances.
A.
Purpose. The purpose of a Variance is to allow some flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district (consistent with the objectives of this title). Any Variance granted shall be subject to such conditions as will assure that the Adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
B.
Applicability. A Variance may be granted to an applicant upon finding that for exceptional reasons they cannot meet the standards established by the City. This is determined upon plan review and the request is then made at the time the applicant decides to move forward and submit the required fee as established by City Council resolution. A Variance may be granted or any exception to the requirements of this title, unless specifically exempted below in subsection C (Exemptions).
D.
Review Process. The Planning Commission is the designated approving authority for Variances and shall approve, conditionally approve, or deny all such applications. The Planning Commission shall hold a public hearing on each application for a Variance. The hearing shall be set and notice given as prescribed in Section 19.04.150 (Public Hearings).
E.
Findings.
1.
Before granting a Variance, the Planning Commission shall make the following findings that the circumstances prescribed below apply:
a.
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 Code.
b.
There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone.
c.
Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.
d.
The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone.
e.
The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.
F.
Conditions. The Planning Commission is authorized to grant a Variance to achieve those purposes as prescribed in accordance with the procedure in this section and impose reasonable conditions as the Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the Commission to make the findings required by subsection E (Findings).
(Ord. 2014-01 § 1)