Waterford City Zoning Code
CHAPTER 17
76 VARIANCES
§ 17.76.010 Purpose.
A.
The purpose of granting a variance is to allow, in certain cases, deviation from the strict application of the setback, building height, lot coverage, useable floor area, useable open space, floor area ratio, off-street parking or landscaped area requirements of this title, when appropriate.
B.
A variance may be granted only where the literal enforcement of the requirements of this title would involve practical difficulties or cause undue hardship that would necessarily deprive the property owner of reasonable use of the land or buildings involved by reason of:
(Ord. 2011-02 §1)
§ 17.76.020 Conditions for granting.
Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title may result from the strict application of certain provisions thereof, a variance may be granted as provided in this chapter.
(Ord. 2011-02 §1)
§ 17.76.030 Application.
A.
Application for variance shall be made in writing on a form prescribed by the city council and shall be accompanied by a fee set by the city council from time to time by resolution, and a statement, plans and evidence showing:
1.
That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title will deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
2.
That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner and will 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 situated;
3.
That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
B.
In no case shall a variance be granted to permit a use or activity which is not otherwise expressly permitted or conditionally permitted in the zoning district in which the property is located.
C.
In no case shall a variance be granted to allow an increase in the maximum allowable residential density; a reduction of the minimum lot area, average lot width or minimum street frontage; or to vary from city improvement standards.
D.
Neither personal, family, nor financial difficulties; the loss of prospective profits; or the existence of neighboring violations shall constitute justification for a variance.
E.
Application for a variance shall be made in writing, on the form provided by the city, by the owners of the property, or by the lessee, purchaser in escrow, or optionee only upon written consent of the owners.
F.
The planning commission may approve, or conditionally approve, a variance application only if the following findings can be made:
1.
The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zoning district and the vicinity.
2.
The variance will not be detrimental to the public health, safety, and general welfare.
3.
The variance will not materially impair the purposes of this title or the general plan.
4.
Because of physical circumstances such as size, shape, topography and location of surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classification (State Government Code Section 65906).
5.
The variance, if approved, will be compatible with the neighborhood.
6.
Any variance may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. These conditions may be implemented through a development agreement.
G.
A variance shall not be issued until ten working days have elapsed from the granting thereof to allow for the filing of any appeals.
H.
A variance granted pursuant to the provisions of this title shall run with the land and shall be valid for the original purpose for the successors in interest of the original grantee.
(Ord. 2011-02 §1)
§ 17.76.040 Public hearing.
A.
Unless required under Government Code Section 65905, no public hearing need be held on the planning commission approval of a variance; provided, however, that the planning commission may hold any hearing it deems necessary.
B.
The planning commission shall hold a public hearing on a variance when it determines that:
1.
The proposed variance has a potential to be controversial in the neighborhood within which it is located;
2.
The proposed variance has city- or community-wide implications which require broad-based community input with respect to the proposed standard for which the variance is requested;
3.
A public hearing request is made by a resident of the city or an individual, organization or public body that may be adversely impacted by the approval of the variance;
4.
A majority of the commissioners feel that, for any reason, a duly noticed public hearing on the proposed variance application should be required.
(Ord. 2011-02 §1)
§ 17.76.050 Action by planning commission.
A.
At the conclusion of the public hearing, the planning commission shall make a written finding of facts showing whether the circumstances enumerated in Section 17.76.020 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this title.
B.
The planning commission may approve, conditionally approve or deny a variance application.
C.
No application for a variance which has been denied wholly or in part by the planning commission shall be resubmitted for a period of one year from the date said order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the planning commission.
(Ord. 2011-02 §1)