(a)
Provisions for variances (exceptions to standards) set forth in this Code are established to insure that any property, because of special circumstances, such as size, shape, topography, location, or surroundings, shall be accorded privileges commonly enjoyed by the other properties in the same vicinity.
(b)
The Community Development Director may approve requests for Minor Variances to modify the following requirements of this Code.
(1)
Parking improvements.
(2)
Up to 30% of parking and loading space requirements, not to exceed two spaces.
(3)
Up to 40% of front yard setback requirements, but no closer to the property line than 18 feet.
(4)
Up to 40% of side yard setback requirements, but no closer than three feet from property line.
(5)
Up to 30% of rear yard setback requirements, but no closer than 10 feet from property line.
(6)
Up to 30% of area requirements, excluding lot area requirements.
(7)
Up to 30% of height limitations, except that any height deviation not exceeding two feet in height shall also be considered a Minor Variance.
(8)
Up to 30% of sign height and setback limitations.
(9)
Up to 100% of sign number limitations, not to exceed four signs.
(10)
Up to 30% of standards set forth in overlay districts.
(11)
Sign area limitations not to exceed 10% of total sign area.
(12)
Up to 50% of maximum gross floor area requirements.
(13)
Up to 20% of minimum floor width of single residential design standards.
(c)
Any request for a variance other than a Minor Variance shall be termed a Major Variance and shall be reviewed and acted upon by the Planning Commission.
(d)
Procedure: Staff Review with Notice.
(e)
Reviewing authority: Community Development Director or Planning Commission.
(f)
When necessary, the reviewing authority may hold an advertised hearing to consider evidence and take testimony prior to acting upon a request for variance and establish any necessary conditions of approval.
(g)
Prior to approving a request for a variance, the reviewing authority shall find that the following are true.
(1)
The granting of such variance will not be materially detrimental to other properties or land uses in the area and will not substantially interfere with the present or future ability to use solar energy systems.
(2)
There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same district or vicinity.
(3)
The strict application of the land use district deprives such property of privileges enjoyed by other properties in the vicinity or in the same land use district.
(4)
The granting of the variance is compatible with the objectives, policies, general land uses, and programs specified in the City’s General Plan and any other applicable plan.