Upon application in proper form, the terms of this Title may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. The Planning Commission or Zoning Administrator shall receive, consider and take action upon every application for a variance or minor deviation.

Applications for Variances and Minor Deviations shall be filed with the Development Department on the prescribed form and shall be accompanied by the following:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

Maps, drawings, plans, tabulations and other documents required on the standard City application form to describe the project adequately;

(c)

Required fee(s);

(d)

Other information as may be required by the City Manager or his/her designee to explain the need for a Variance or Minor Deviation.

(Ord. No. 2388, § 3, 3-19-19)

The Zoning Administrator shall have the power and duty to review and make decisions on variances that take place on existing developed sites and minor deviations. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.

A public hearing before the Planning Commission with notice given pursuant Chapter 2 Article 5 of this Title shall be held upon every application for a variance. The Commission shall act upon every variance brought before it within a reasonable time.

The Planning Commission or the Zoning Administrator may grant a Variance from the requirements of this Victorville Municipal Code when there are specific physical requirements that distinguish the site from its surroundings; and that these unique circumstances would create an unnecessary hardship for the applicant/owner if the usual zoning standards were imposed. To grant a variance, the Planning Commission or the Zoning Administrator must make the following findings:

(a)

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict and literal application of the zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification;

(b)

Any variance granted shall be subject to conditions that will assure the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district where the property is located;

(c)

The variance shall not authorize a use or activity which is not otherwise specifically allowed by the zoning regulations of the district in which the property is located.

(d)

The granting of the variance will not be inconsistent with the General Plan.

(Ord. No. 2326, § 1, 1-20-15)

The Zoning Administrator may approve minor deviations to the regulations as contained in this Title as specified below. The required filing fee and submittal of certified public notice documents including two sets of mailing labels and a radius map shall be required for minor deviation applications. The Zoning Administrator shall find that the deviation requested results from a unique situation and will not be injurious or detrimental to the health, safety and welfare of the public. After notifying the applicant and owners of adjacent property of the final date that written protests or comments may be filed with the development department, the Zoning Administrator shall consider and take action on such applications. The decision of the Zoning Administrator shall be subject to appeal to the Planning Commission pursuant to Chapter 2 Article 2 of this Title. This procedure shall apply exclusively to cases where the deviation sought is limited to:

(a)

A reduction in lot size or the dimension of any property line or yard not exceeding ten percent of the requirement;

(b)

An increase in the percentage of lot coverage by not more than one-tenth of the specified percentage;

(c)

An adjustment by not more than ten percent in the number of parking spaces required;

(d)

Any adjustment in the height of a fence, unless otherwise regulated by this Title.

In granting an application for a Variance or Minor Deviation, the hearing body may impose any condition or conditions it deems reasonable and appropriate to achieve the purposes of this Article and to justify required findings.

A Variance or Minor Deviation which is not part of an approved site plan pursuant to Article 1, shall lapse and become null and void one (1) year following the effective date of the Variance or Minor Deviation. A Variance or Minor Deviation which is part of an approved site plan shall become null and void two (2) years following the effective date of the Variance or Minor Deviation, unless prior to the expiration date a building permit is obtained and construction commenced and diligently pursued towards completion, or a certificate of occupancy is issued.

A Variance or Minor Deviation granted subject to a condition or conditions shall be revoked by the Zoning Administrator or the Planning Commission if the condition or conditions are not complied with; provided, however, the Zoning Administrator or Planning Commission shall hold a public hearing prior to a revocation.

Following denial or revocation of a Variance or Minor Deviation, no application for the same or substantially the same Variance or Minor Deviation on the same or substantially the same site shall be filed within one (1) year after the date of denial or revocation.