Variance Procedures in the City of Concord

A variance in the City of Concord allows a property owner to depart from the literal development standards of the Concord Development Code when special physical circumstances make strict application of those standards a hardship. Variances are granted only upon specific findings of fact and cannot be used to authorize land uses otherwise prohibited in a zoning district, nor to increase residential density or floor area ratios (FAR).

Purpose and Applicability

The purpose of a variance is to provide relief from development standards such as location, shape, size, surroundings, topography, or other physical conditions when strict application of the code would deny a property owner privileges enjoyed by others in the vicinity [Section 18.430.010].

A variance may not be granted to:

Allow a land use that is not otherwise permitted in the applicable zoning district [Section 18.430.020(A)].
Increase the maximum allowed residential density [Section 18.430.020(B)].
Increase the maximum allowed floor area ratio (FAR) [Section 18.430.020(C)].
Waive a specific prohibition, such as allowing a sign where it is otherwise prohibited [Section 18.430.020(D)].

Review and Decision Process

Applications for variances are submitted to and processed by the planning division. If a public hearing is not requested, the planning division may approve a variance. If a public hearing is requested, the zoning administrator shall conduct the hearing in compliance with the procedures set forth in Division VIII of the Concord Development Code [Section 18.430.030].

The planning division or zoning administrator may refer a variance application directly to the planning commission for a decision [Section 18.430.030(C)].

Findings Required for Approval

The review authority may approve a variance, with or without conditions, only after making all of the following findings:

The strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district due to special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography) [Section 18.430.060(A)(1)].
Such special circumstances were not created by the owner or applicant [Section 18.430.060(A)(2)].
The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zoning district where the property is located [Section 18.430.060(A)(3)].
The variance does not authorize a use or activity which is not otherwise expressly authorized in the zoning district where the property is located [Section 18.430.060(A)(4)].

Parking Variance Exception

Under limited circumstances, a variance from parking requirements for nonresidential uses may be granted to allow required parking to be located off-site, or to allow for in-lieu fees or facilities, provided the following conditions are met:

The variance will act as an incentive and benefit for the nonresidential development [Section 18.430.070(B)(1)].
The variance will facilitate access to the nonresidential development by patrons of public transit facilities [Section 18.430.070(B)(2)].

Post-Decision Procedures

Decisions regarding variances are subject to the procedures for appeals, project revisions, building permit issuance, lapse of approval, extensions, and revocations established in Division VIII of the Concord Development Code [Section 18.430.070].

Sections Cited