Burbank Municipal Code Div. 3 Variance

The Planning Commission shall have the authority, subject to the applicable provisions of this division, to grant a Variance from the provisions of this chapter on such terms and conditions as may be in harmony with its general purposes and intent, so that the spirit of this chapter will be observed, public welfare and safety secured, and substantial justice done. [Formerly numbered Section 31-225; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2246.]

Before a Variance may be granted, except as otherwise specifically provided, it shall be shown and the Planning Commission must find that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity and zone.

2. The Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, possessed by other property owners under like conditions in the same vicinity and zone but which is denied to the property in question.

3. The granting of the Variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the property is located.

4. The granting of the Variance will not be contrary to the objectives of the General Plan. [Formerly numbered Section 31-226; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2246.]

A. Variances from the provisions of Sections 10-1-1004 through 10-1-1014 of Article 10 of this chapter regulating signs may be granted by the Planning Commission. In order to achieve a thematic and harmonious design, all of the signs on the property (the “sign program”) shall be part of the Variance application and considered in the Variance determination, even if some of the individual signs comply with the sign regulations.

B. Before granting a sign Variance, the Planning Commission, upon such terms and conditions as it may reasonably determine, shall find that:

1. The sign is in proportion to the structure or property to which it relates.

2. The sign has balance and unity among its external features so as to present a harmonious appearance.

3. The sign will be compatible with the style or character of existing improvements upon adjacent property.

4. The sign is not contrary to the objectives of the General Plan or the objectives of any applicable specific or master plans.

C. In addition to the Variance requirements of Subsection (B) above, in MPC-1, MPC-2, and MPC-3 zones, signage that is proposed as part of a sign program Variance application should be pedestrian oriented and scaled, visually appealing, and appropriate to the design of the building. Alternatively, a sign Variance may be granted for the purpose of deviating from the pedestrian oriented theme of the area. Signage which is intended to be primarily seen by motorists, and may therefore need to be larger in size than otherwise permitted, may be approved if it is determined that the proposed sign, and elements thereof, are consistent with the scale of the building and site, and compatible with adjacent buildings and uses. [Added by Ord. No. 2246; Formerly numbered Section 31-226.1; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3700, 3365, 3058.]

No Variance shall be granted which is contrary to the public interest or permits a use that is expressly prohibited. [Formerly numbered Section 31-227; Renumbered by Ord. No. 3058, eff. 2/21/87; 2246.]

Application for a Variance shall be made as follows:

1. On forms prescribed by the Planning Commission and furnished by the City Planner.

2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before a notary public.

3. Filed with the City Planner.

4. Submitted with a site plan and a drawing showing elevations of the proposed development or use. [Formerly numbered Section 31-228; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 3190.]

The City Planner shall set the application for a public hearing by the Planning Commission and give notice of the hearing as follows:

1. The hearing shall be held as soon as possible after the filing of the application.

2. Notice of the hearing shall be in such form as may be prescribed by the Planning Commission and shall contain the time and place of the hearing, the location of the property, and the Variance requested.

3. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

4. Notice shall also be mailed, postage prepaid, as least ten (10) business days before the hearing to owners of property and occupants within a radius of 1000 feet of the exterior boundaries of the property for which the Variance is requested.

5. One four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled hearing. [Formerly numbered Section 31-229; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 15-3,868, 13-3,844; 3587, 3020, 2941, 2930, 2193.]

The City Planner shall investigate the application and report to the Planning Commission at the time of the hearing. Their report shall include proposed findings and a recommendation including conditions, if any, if a building permit was applied for and denied, they shall include the reason for its denial. [Formerly numbered Section 31-230; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941, 2930, 2193.]

No Variance which may have a significant effect on the environment shall be granted pursuant to the provisions of this division until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3, of this Code, unless the Variance is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-230.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

The Planning Commission may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing. The decision of the Planning Commission shall be final unless appealed or set for a hearing by the Council. [Formerly numbered Section 31-231; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

The decision, including the findings of the Planning Commission, shall be mailed to the applicant and reported to the Council according to procedures established by the City Planner and approved by the City Manager. [Formerly numbered Section 31-232; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2961.]

10-1-1926:

[Formerly numbered Section 31-233; Renumbered by Ord. No. 3058, eff. 2/21/87; 2961; Deleted by Ord. No. 3701, eff. 9/16/06.]

The Planning Commission’s decision regarding a Variance application may be appealed pursuant to Section 10-1-1907.3. [Formerly numbered Section 31-234; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 22-3,983, eff. 12/16/22; 301, 3587, 2961.]

[Formerly numbered Section 31-235; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 13-3,844, eff. 11/22/13; 3587, 3020; Repealed by Ord. No. 25-4,024, eff. 4/11/25.]

[Formerly numbered Section 31-236; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2370; Repealed by Ord. No. 25-4,024, eff. 4/11/25.]

Variances granted prior to the effective date of this division shall continue in effect until revoked or otherwise terminated under the provisions of this chapter. Any such existing Variance which was granted for a period of one (1) year subject to the right of the applicant to request renewal for additional one (1)-year periods shall continue in full force and effect from year to year unless terminated by the Planning Commission, and any such termination shall be effective as of the end of the successive one (1)-year period in which the action is taken. [Formerly numbered Section 31-237; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2302.]

A. No person shall reapply for a similar Variance on the same land or for the same structure within one (1) year from the date the previous application was denied unless:

1. The denial was without prejudice;

2. The Planning Commission waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members; or

3. In case the application was heard by the Council, the Council also waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members.

B. Not withstanding the provisions of Section 10-1-1920 of this division, no fee shall be required upon reapplication for a Variance hereunder if denial of the previous application was without prejudice or if the decision-making body which denied such previous application waives the waiting period, and, for good cause shown by the applicant upon reapplication, also waives the payment of such fee. [Formerly numbered Section 31-238; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2774.]

A Variance shall terminate when any one (1) or more of the following occur:

1. The Variance is not used within the time specified as granted or extended, or if no date is specified within one hundred 180 days from the granting of the Variance.

2. The Variance has been abandoned or discontinued for six (6) consecutive months, or the owner of the property files a declaration with the City Planner that the Variance has been abandoned or discontinued.

3. The Variance has expired.

4. The Variance is brought into conformity with the provisions of this chapter due to a zone change or other amendment, or to development of the property.

5. The Variance is revoked as provided in Section 10-1-1933 of this division. [Formerly numbered Section 31-239; Renumbered by Ord. No. 3058, eff. 2/21/87; 2941, 2930, 2193.]

The Council may, after 20 days’ notice by mail to the record owner of the property and a public hearing, revoke a Variance on any one (1) or more of the following grounds:

1. That the Variance was obtained by fraud or misrepresentation.

2. That the Variance has been exercised contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the Variance.

3. That the use permitted by the Variance is being or has been so exercised as to be detrimental to the public health, welfare or safety or so as to constitute a nuisance. [Formerly numbered Section 31-240; Renumbered by Ord. No. 3058, eff. 2/21/87.]