San Dimas City Zoning Code
CHAPTER 18
204 VARIANCES
§ 18.204.010 Purpose.
When 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, any property owner may initiate proceedings for consideration of a variance from the provisions of this title.
A variance will not be granted to permit a land use expressly prohibited in the zone in which the property is located.
(Ord. 37 § 502.0, 1961; Ord. 277 § 2, 1970)
§ 18.204.020 Commission findings.
The commission, in granting a variance, shall find as follows:
A.
That there are exceptional circumstances or conditions applicable to the subject property which do not apply generally to other property in the same zone;
B.
That such variance is necessary for the preservation and enjoyment of a substantial property right of the owner, which right is possessed by other property owners under like conditions in the same vicinity and zone, and the adjustment thereby authorized shall not constitute a granting of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone;
C.
That the granting of a variance will not be detrimental to the public health, safety or welfare nor injurious to property in the vicinity thereof; and
D.
That the granting of such variance will not be contrary to the objectives of the general plan.
(Ord. 37 § 502.2, 1961; Ord. 277 § 2, 1970)
§ 18.204.030 Permitted development improved.
A.
Irrespective of the foregoing requirements for the granting of a variance, a variance may also be granted to permit the modification of development standards in any zone where it is established by substantial evidence that:
B.
The commission shall affirmatively find that each of the above criteria is satisfied prior to granting a variance pursuant to this section.
(Ord. 37 § 502.3, 1961; Ord. 348 § 1, 1971)
§ 18.204.040 Application procedure.
A.
Application for a variance shall be filed by the owner of the property for which the variance is sought, or by the authorized representative of the owner. Application shall be made to the commission on forms furnished by the planning department and shall be full and complete. With each application the following data shall be filed:
1.
Maps. Four dark-line print maps drawn to a scale not less than one inch equals one hundred feet shall be submitted with the application, indicating location and dimensions of property concerned, and all highways, alleys, streets and all lots and parcels, including lot, block and tract numbers within three hundred feet of the exterior boundaries of the subject property.
a.
One print shall show present zoning within a three-hundred-foot radius.
b.
One print shall show land use within a three-hundred-foot radius such as: residence, apartment, auto repair garage, orchard, shopping center, market, vacant, etc. It shall also show street numbers and numbers on each lot to correspond with a property owners' list.
c.
Two prints for use of the planning department.
d.
One ten and one-half inches by ten and one-half inches clear-film positive for use with an overhead projector, showing present zoning, land use and street addresses within a three-hundred-foot radius.
2.
Property Owners' List. Four typewritten copies of a property owners' list showing name and home address of each property owner of each lot or parcel within a three-hundred-foot radius.
a.
One copy on a plain sheet of paper shall have names numbered to correspond with property on the land use map.
b.
Three copies shall have names and addresses on gummed labels, suitable for mailing purposes.
c.
Names and addresses shall be obtained from the latest available assessment rolls at the county tax assessor's office.
d.
The list shall be certified and notarized.
3.
Waiver by Director. The planning director may waive the filing of one or more of the above items.
B.
In cases where the planning director considers the application as not being within the scope of a variance or that the application is incomplete, the applicant shall be so informed. If the application is filed nevertheless and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of the application does not constitute an indication of approval.
(Ord. 37 § 502.4, 1961; Ord. 277 § 2, 1970)
§ 18.204.050 Filing fee.
When the application for a variance is filed, a fee as adopted by city council resolution shall be paid for the purpose of defraying the costs incidental to the proceedings.
(Ord. 37 § 502.6, 1961; Ord. 277 § 2, 1970; Ord. 1170 § 10, 2007)
§ 18.204.060 Investigation by planning department.
The planning department shall investigate the facts bearing on any case involving a variance to provide the commission with data essential for action consistent with the intent of this title and the general plan.
(Ord. 37 § 502.8, 1961; Ord. 277 § 2, 1970)
§ 18.204.070 Public hearing.
A.
Date. The hearing date shall be set by the planning director for not less than fifteen nor more than sixty days after the filing of the application with the planning department.
B.
Notice. Notice of public hearing shall be given in the following manner and shall contain the time and place of the hearing along with other data contained in the application deemed pertinent to such notice:
1.
Newspaper. Notice shall be published at least once in a newspaper of general circulation in the city not less than ten days before the date set for the hearing.
2.
First Class Mail. Notices shall be mailed to all persons whose name and address appears on the latest equalized assessment roll of the county as owning property within a distance of three hundred feet of the external boundaries of the property described in the application. The applicant shall furnish to the city a certified list of such names and addresses. The notices shall be mailed not less than ten days before the date set for a hearing.
3.
Posting in Public Places. Notices shall be posted not less than ten days before the date set for a hearing in a conspicuous place at (i) City Hall, (ii)Los Angeles County public library, (iii) the post office, and (iv) near the property involved.
C.
Hearing.
1.
The commission shall hold a public hearing not less than ten days nor more than thirty days after the publication of the legal notice of such hearing.
2.
The commission shall announce its decision by resolution adopted at a regular meeting within forty days after the conclusion of the hearing. The decision shall set forth the findings of the commission and all conditions imposed, including any time limits, deemed necessary to protect the public health, safety and welfare of persons in the vicinity and in the city as a whole.
3.
A copy of the decision shall be mailed to the petitioner at the address shown on the petition. The decision shall be final unless an appeal is taken therefrom pursuant to Section 18.204.090.
(Ord. 37 § 502.10, 1961; Ord. 277 § 2, 1970)
§ 18.204.075 Resubmittal of denied application.
Following denial of an application for a zone variance, no similar or substantially similar application for a zone variance on the same property, or portion thereof, shall be filed for one year from the date that the denial became final, unless the denial was made without prejudice.
(Ord. 1153 § 1, 2005)
§ 18.204.080 Time limit for development.
A.
The commission may establish a time limit within which the subject property and use shall be developed. The time limits set by the commission shall be reasonable in relation to the size and nature of the property development. An application for extension of the time limit shall be treated as a new application for a variance. Development shall commence within one year after the grant unless the commission specifies otherwise.
B.
The date of commencement of a development shall be that date on which a building permit or, if required, a grading permit is issued. If either lapses, the grant by the commission shall lapse.
(Ord. 37 § 502.12, 1961; Ord. 277 § 2, 1970; Ord. 452 § 1, 1974)
§ 18.204.090 Appeals.
The decision by the commission may be appealed to the city council in accordance with the provisions of Chapter 18.212.
(Ord. 37 § 502.14, 1961; Ord. 277 § 2, 1970; Ord. 662 § 5, 1979)
§ 18.204.100 Revocation.
The commission may by resolution, after a thirty-day written notice to the variance holder, revoke any variance for failure to comply with the conditions set forth in granting the variance, failure to comply with this code, and/or failure to comply with other local, state or federal regulations applicable to the subject project. The notice shall state the date, time and place when the commission will hear the matter. The applicant shall have an opportunity to appear and be heard by the commission before any such action is taken. If an established time limit for development expires, the variance shall be void.
(Ord. 37 § 502.22, 1961; Ord. 277 § 2, 1970; Ord. 1025 § 3, 1995)
§ 18.204.110 Prior grant.
Any variance granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this chapter shall be construed to be a variance granted under this chapter, subject to all conditions imposed in such variance unless otherwise provided in this title. Such variance may, however, be revoked as provided in this chapter.
(Ord. 37 § 502.24, 1961; Ord. 277 § 2, 1970)
§ 18.204.120 Grant of variances for minor deviations.
A.
The planning director without public hearing, may grant variances allowing minor deviations from ordinance requirements limited to the following:
B.
In granting a minor variance, the planning director shall make findings in accordance with Section 18.204.020.
C.
The planning director's determination may be appealed to the planning commission in writing. The commission shall decide the matter de novo. A public hearing shall not be required in granting a minor variance.
(Ord. 37 § 502.26, 1961; Ord. 277 § 2, 1970; Ord. 307 § 5, 1970; Ord. 347 § 1, 1971)
§ 18.204.130 Existing use improved.
A variance may also be granted so as to permit a use of property which is both less detrimental to the public welfare and less detrimental to the property of persons located in the vicinity, than is the existing lawful use of such property, which existing use is permitted by a variance either automatic or otherwise. If the use for which the variance requested would be unlawful in any zone in which the existing use would be permitted, this section does not apply.
(Ord. 37 § 502.28, 1961; Ord. 277 § 2, 1970)
§ 18.204.140 Parking.
A variance may also be granted to permit motor vehicle parking, if such variance will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity thereof.
(Ord. 37 § 502.30, 1961; Ord. 277 § 2, 1970)
§ 18.204.150 Repairs.
When repairs within any twelve-month period exceed fifty percent of the value of an existing nonconforming building or structure, such building or structure shall be made to conform to the requirements of this title for new buildings or structures.
(Ord. 37 § 502.32, 1961; Ord. 277 § 2, 1970)
§ 18.204.160 Abandonment.
A variance, whether an automatic variance or a variance granted by action of the city, automatically shall cease to be of any force and effect if the use for which such variance was granted has ceased or has been suspended for a consecutive period of one year or more.
(Ord. 37 § 502.34, 1961; Ord. 277 § 2, 1970)
§ 18.204.170 Nonconforming uses.
A.
A variance is granted automatically by the ordinance codified in this chapter so as to permit the continuance of the particular existing uses of any building, structure, improvement or premises existing in the respective zones immediately prior to the time the ordinance codified in this chapter or any amendment thereof becomes effective if such existing use was not in violation of this or any other ordinance or law.
1.
As used in this section, the word "property" refers only to that portion of the property actually utilized for the existing use. The word "improvement" does not include any improvement not a part of the existing use, and such improvement which is not a part of the existing use shall be disregarded in the construction of this section.
2.
This section does not authorize the extension, expansion or enlargement of the existing use, or permit the addition of structures or other facilities in conjunction with such existing use, except:
a.
To the extent required by a subsequently enacted or subsequently adopted law, ordinance or regulation, and the director so finds.
b.
Additions may be made to a legally existing dwelling unit without requiring additional garage, carport, automobile storage space or driveway paving, provided that such additions do not either increase the number of families that can be housed in such structure or occupy the only portion of an area which can be used for required garages, carports, automobile storage space, or access thereto.
c.
Nothing in this title pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent expansion, modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there be no change of use nor enlargement of those areas so used.
B.
The variance shall remain in full force and effect for the following lengths of time, except that it may be extended or revoked as provided in this chapter:
1.
Where the property is unimproved, one year.
2.
Where the property is unimproved except for structures to replace which the building code does not require a building permit, three years.
3.
Outdoor advertising, three and one-half years from November 27, 1967, of whatever type of construction.
4.
Any parcel which is used for commercial raising of livestock at the time that said parcel is zoned in such a manner that the use becomes nonconforming, may continue to be so used for a period of twenty years from the date at which the zoning shall make or has made such use nonconforming.
a.
During this twenty-year period, the capacity of the operation shall not be increased by the erection of new buildings or equipment, excepting, however, that existing buildings or equipment may be repaired, renovated or replaced, provided the capacity of the operation is not increased and provided further that the repair, renovation or replacement of buildings or equipment shall not be deemed to extend the twenty-year period.
b.
The property may be sold or leased without affecting the status of the nonconforming use, but if the use is discontinued as a commercial operation for a period of twenty-four months, the right to such nonconforming use shall expire and may not be reactivated.
5.
6.
In the event that on the effective date of the ordinance codified in this chapter any property was being used pursuant to the provisions and terms of a variance, such use may be continued in accordance with the terms of such variance subject to any limitations as to time imposed thereon.
7.
Horses may be maintained for a period of five years from the date that the use became nonconforming. Provided, however:
a.
No additional horses may be kept beyond the number of horses on the premises at the time that the keeping of horses became a nonconforming use; and
b.
During the time that horses are maintained, the property shall be maintained in the manner to eliminate unnecessary dust, fly breeding, and other obnoxious and/or harmful conditions of the property and the premises shall be maintained so as not to be a nuisance.
Provided further, that the period of time during which the horses may be maintained on the property may be extended by the planning commission, after public hearing, and upon application of the property owner if:
i.
The planning commission determines that the use of the property for the maintenance of horses, when considered in light of the development of the surrounding and adjacent properties, is not an incompatible use of the property;
ii.
The planning commission may attach such reasonable conditions as it deems necessary and/or appropriate to insure that the maintenance of the horses on the property would provide for and insure the compatibility of this use with the use and development of the surrounding properties;
iii.
Such application for an extension of time is accompanied by such fee as the city council may from time to time determine is necessary and appropriate;
iv.
Any extension of time granted by the planning commission, or the denial of the same, may be appealed to the city council, whose determination shall be final;
v.
Any extension of time granted by the planning commission may be additionally extended upon compliance by the property owner with the provisions of this section.
8.
The raising of worms for commercial purposes, eighteen months from the date the use became nonconforming or from the effective date of the ordinance codified in this subdivision, whichever is later.
(Ord. 37 § 502.36, 1961; Ord. 277 § 2, 1970; Ord. 312 § 1, 1971; Ord. 557 § 1, 1976; Ord. 599 § 1, 1977)
§ 18.204.180 Nonconforming gasoline service stations.
Notwithstanding the provisions of Section 18.204.170, property located in zones C-1 and C-2, which on October 9, 1968, was lawfully being used for gasoline service station purposes, or which had approved therefor a precise plan for development as a gasoline service station and, in fact, is developed for gasoline service station purposes on or before October 9, 1971, may be constructed, used, maintained, remodeled, expanded and reconstructed for use as gasoline service station purposes and operated in accordance with the provisions of Chapter 18.148 and all other applicable provisions of this title. Irrespective of the foregoing provisions of this section, such property which had approved therefor precise plans for development as a gasoline service station but which remains undeveloped for gasoline service station purposes on and after December 13, 1968, shall not be developed for gasoline service station purposes until a site plan is resubmitted to and approved by the planning director.
(Ord. 37 § 502.38, 1961; Ord. 277 § 2, 1970)