116.010 Powers and Duties
116.020 Conditions for Granting an Adjustment
116.030 Limits for Adjustments
116.040 Filing an Application
116.045 Required Signatures
116.050 Variance Procedure Applicable to Adjustments
116.060 Notice of Decision and Appeal
116.010 POWERS AND DUTIES. Due to the inherent nature and limitations of an ordinance, it is not possible to encompass all the different situations arising from the various properties treated by this ordinance. Therefore, the Director, Planning Commission, Hearings Officer or Board shall have the power to grant limited adjustments to the terms of the ordinance when such adjustments are within the limitations and conditions contained in this section. These provisions shall be used sparingly within the purpose and intent of the ordinance and the limitations shall not be exceeded under any circumstances.
116.020 CONDITIONS CRITERIA FOR GRANTING AN ADJUSTMENT. The Director, Planning Commission, Hearings Officer or Board may permit and authorize an adjustment when it appears from the application and the facts presented that:
(a) Practical difficulties or unnecessary hardship: that strict application of the ordinance would result in practical difficulties or unnecessary hardship;
(b) Extraordinary circumstances: that there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings or uses in the same zone;
(c) Not detrimental: that granting the application will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood containing the property of the applicant;
(d) Health or safety not adversely affected: that granting the application under the circumstances of the particular case will not adversely affect the health or safety of persons working or residing in the neighborhood containing the property of the applicant;
(e) Necessary for enjoyment of property rights: that the granting of the application is necessary for the preservation and enjoyment of the substantial property rights of the applicant.
116.030 LIMITS FOR ADJUSTMENTS. The Director, Planning Commission, Hearings Officer or Board may grant only the minimum adjustment necessary to relieve the hardship or practical difficulty and shall certify on the order authorizing the adjustment that such adjustment is the minimum. The adjustment shall not exceed the following limits:
(a) Lot area: maximum possible adjustment of 1% of the minimum lot area required but not more than 500 square feet;
(b) Percentage of lot coverage: a maximum adjustment of 2% more than permitted but not more than 250 square feet.
(c) Front yard and any yard adjacent to a street: a maximum adjustment of 10% of the required yard front depth but in no instance shall this permit a yard depth of less than 10 feet adjacent to a street.
(d) Side Yards: a maximum adjustment of 1 foot but in no instance shall this permit a side yard depth of less than 4 feet for a 1 story building or less than 5 feet for a 2 or 2½ story building.
(e) Rear Yard Depth: a maximum adjustment of either 4 feet for the main building, or 10 feet if a yard area equal in area to that being covered is provided at some other place on the lot other than a required yard area, but in no instance shall this permit a rear yard depth of less than 5 feet for a 1 story building, 5 feet for a 2 story building, or 7 feet for a 2½ story building.
(f) Lot Width: a maximum of 10% of the required minimum width of 60 feet at the front building line.
(g) Subjects not included for adjustment: the number of dwelling units permitted, parking requirements, vision clearance area and the use of property are not subjects for adjustments by the Director.
(h) Fences: construction of fences with greater height or density than permitted within the required 10 foot fence setback to a property line adjacent to a street, as set forth in Section 117.080, may be approved subject to a favorable report by the County Building Official.
(i) Height: a height adjustment of not more than 10 feet may be allowed for residential accessory structures.
116.040 FILING AN APPLICATION. An application for an adjustment may be filed by one or more of the following:
(a) The owner of the property that is the subject of the application;
(b) The purchaser of the property that is subject to the application when a duly executed written contract or earnest-money agreement, or copy thereof, is submitted with the application;
(c) A lessee in possession of the property subject to the application who submits written consent of the owner to make such application;
(d) The appropriate local government or state agency when the application is for a public works project; or
(e) A governmental body that has initiated condemnation procedures on the property that is subject to the application, but has not yet gained title.
(f) A co-tenant if the property that is the subject of the application is owned by tenants in common.
The application shall be filed with the Director, in writing, on an application form provided by the Planning Division. The application shall set forth the adjustment or modification sought, the description or location of the building or premises, and the name or names of the owners of the property. The application shall contain such other information as deemed necessary by the Director, Planning Commission or Hearings Officer.
116.045 REQUIRED SIGNATURES. Applications shall include the following signatures:
(a) Signatures of all owners of the subject property; or
(b) The signatures of the purchasers of the property under a duly executed, recorded, written contract of sale or earnest-money agreement; or
(c) The signature of lessee in possession of the property with the written consent of all the owners; or
(d) The signatures of the agents of those identified in Section 122.040 (a), (b), or (c) when authorized in writing by those with the interests described in Section 122.040 (b) or (c), and all the owners of the property; or
(e) The signature of an authorized agent of a public agency or utility holding an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owners.
(f) The signature of co-tenants owning at least a one-half undivided interest in the property, when the property is owned by tenants in common, provided that the signing co-tenant provides current addresses for all co-tenants who have not signed the application so the
Planning Division can give them notice of the decision.
(g) Prima facie proof of ownership. When any person signs as the owner of property or as an officer of a public or private corporation owning the property, or as an attorney in fact or agent of any such owner, or when any person states that he is buying the property under contract, the Director, Planning Commission, Hearings Officer and the Board may accept such statements to be true, unless the contrary be proved, and except where otherwise in this ordinance more definite and complete proof is required. Nothing herein prevents the Director, Planning Commission, Hearings Officer or Board from demanding proof that the signer is such owner, officer, attorney in fact, or agent.
116.050 VARIANCE PROCEDURE APPLICABLE TO ADJUSTMENTS. Sections 122.070 through 122.130 of this ordinance relating to variances shall apply, where applicable, to the granting of an adjustment.
116.060 NOTICE OF DECISION AND APPEAL. Section 119.130 and 119.140 of this Ordinance, relating to Conditional Uses, shall apply, where applicable, to the granting of an Adjustment.