Chapter 21.50 — VARIANCES — Carlsbad Zoning Code

Note: Prior ordinance history: Ord. Nos. NS-791 and CS-102.

§ 21.50.010. Intent and purpose. ¶

A. When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, a minor variance or variance from the provisions of this title may be approved or conditionally approved, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done.
B. The purpose of any minor variance or variance shall be to prevent discrimination, and no variance shall be approved or conditionally approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.
(Ord. CS-178 § XCVII, 2012)

§ 21.50.020. Application and fee. ¶

A. An application for a minor variance or variance may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall:
1. Be made in writing on a form provided by the City Planner;
2. State fully the circumstances and conditions relied upon as grounds for the application; and
3. Be accompanied by adequate plans, which allow for detailed review pursuant to this chapter and demonstrate compliance with the requirements of this chapter, a legal description of the property involved and all other materials as specified by the City Planner.
B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
(Ord. CS-178 § XCVII, 2012)

§ 21.50.030. Notices and hearings. ¶

A. Notice of an application for a minor variance shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.
B. Notice of an application for a variance shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. CS-178 § XCVII, 2012)

§ 21.50.040. Decision-making authority. ¶

A. Minor Variances.
1. The City Planner may approve, conditionally approve or deny a minor variance for the following:
  - a. Modifications of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations;
    - i. Unenclosed balconies, patios and decks which extend above the existing ground level may be allowed to project to the property lines of side or rear yards immediately adjacent to permanent open space areas.
  - b. Modifications of the minimum lot width regulations, provided such modification does not result in a lot width less than fifty feet;
  - c. Walls or fences to exceed heights permitted by the zoning regulations;
  - d. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area;
  - e. Modifications to the sign height regulations provided such modification does not exceed ten percent of the maximum allowed sign height.
2. The City Planner's decision shall be based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.
3. The City Planner may approve or conditionally approve a minor variance if all the findings of fact in Section 21.50.050 of this title are found to exist.
B. Variances.
1. The Planning Commission may approve, conditionally approve or deny a variance that is not subject to subsection A of this section.
2. The Planning Commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.

The Planning Commission shall hear the matter and may approve or conditionally approve the variance if all the findings of fact in Section 21.50.050 of this title are found to exist.

(Ord. CS-178 § XCVII, 2012)

§ 21.50.050. Findings of fact. ¶

A. No minor variance or variance shall be approved or conditionally approved unless the decisionmaking authority finds:
1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;
2. That the minor variance or variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding;
3. That the minor variance or variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property;
4. That the minor variance or variance is consistent with the general purpose and intent of the general plan, this title and any applicable specific or master plans;

In addition, in the coastal zone, that the minor variance or variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources.

(Ord. CS-178 § XCVII, 2012)

§ 21.50.060. Announcement of decision and findings of fact. ¶

When a decision on a minor variance or variance is made pursuant to this chapter, the decisionmaking authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.

(Ord. CS-178 § XCVII, 2012)

§ 21.50.070. Effective date and appeals. ¶

A. Decisions on minor variances shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this title.
B. Decisions on variances shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title.
(Ord. CS-178 § XCVII, 2012)

§ 21.50.080. Expiration, extensions and amendments. ¶

A. The expiration period for minor variances and variances shall be as specified in Section 21.58.030 of this title.
B. The expiration period for an approved minor variance or variance may be extended pursuant to Section 21.58.040 of this title.
C. An approved minor variance or variance may be amended pursuant to the provisions of Section 21.54.125 of this title.
(Ord. CS-178 § XCVII, 2012)