Zoning Variance Procedures in the City of Grass Valley
Property owners in the City of Grass Valley may apply for a Variance or Minor Variance to obtain relief from specific development standards when physical circumstances—such as size, shape, topography, or location—prevent the property from enjoying the same privileges as nearby parcels in the same zone. Minor Variances allow for limited adjustments, typically between 10% and 20% depending on the standard, and are decided administratively by the Community Development Director. Standard Variances require a public hearing and a decision by the Grass Valley Planning Commission.
Types of Variances and Review Authority
The Grass Valley Development Code distinguishes between two types of variances based on the magnitude of the requested adjustment.
- Minor Variances: These are limited adjustments to specific standards. The Community Development Director has the authority to approve or deny these applications [Section 17.72.070.C].
- Variances: These are required for any request that exceeds the limitations set for Minor Variances. The Grass Valley Planning Commission is responsible for reviewing and deciding upon these requests after a public hearing [Section 17.72.070.C].
Allowable Minor Variances
The City of Grass Valley specifies the maximum adjustments permitted under the Minor Variance process. If a request exceeds these percentages, a full Variance application is required [Section 17.72.070.D].
| Type of Standard | Maximum Adjustment Allowed |
|---|---|
| Distance between structures on the same parcel | 15 percent |
| Fence or wall height in side/rear setbacks | 8 feet maximum |
| Floor area ratio (FAR) increase | 15 percent |
| Open space requirement decrease | 20 percent |
| Parcel area or size decrease | 10 percent |
| Parcel coverage increase | 15 percent |
| Parcel width dimensions decrease | 10 percent |
| Parking, loading, and landscaping ratios | 10 percent |
| Parking lot dimensions (aisle, driveway, space widths) | 15 percent |
| Projections (canopies, eaves, etc.) into setbacks | 10 percent (no closer than 3 ft to property line) |
| Front Setback area decrease | 10 percent |
| Side Setback area decrease | 10 percent |
| Rear Setback area decrease | 15 percent |
| Sign regulations (other than prohibited signs) | 10 percent |
| Structure height increase | 10 percent |
The Application Process
1. Pre-Application Conference
The City of Grass Valley encourages applicants to request a pre-application conference before filing. This meeting helps inform the applicant of city requirements, review the review process, and identify necessary technical studies [Section 17.70.040.A].
2. Application Filing
An application for a Variance or Minor Variance must be filed with the Grass Valley Community Development Department. It must include:
- Standard City application forms.
- Required filing fees as established by the City's planning fee schedule [Section 17.70.050].
- Evidence supporting the required findings for approval [Section 17.72.070.D].
3. Review for Completeness
The Community Development Director reviews the application for accuracy and completeness. Within 30 calendar days of filing, the City must inform the applicant in writing if the application is complete or if additional information is required [Section 17.70.070.A].
4. Public Notice and Hearing
For standard Variances, the Grass Valley Planning Commission must conduct a public hearing. The City provides notice of the hearing at least 10 days in advance via mailing to site owners and nearby property owners within a 300-foot radius, and by publication in a local newspaper [Section 17.92.020]. For Minor Variances, the Director provides public notice of the pending decision, and a hearing is only held if requested by an interested person [Section 17.72.070.E].
Required Findings for Approval
The review authority cannot approve a Variance in the City of Grass Valley unless it makes all of the following findings [Section 17.72.070.F]:
- Special Circumstances: There are unique physical circumstances (size, shape, topography, etc.) applicable to the property that do not apply generally to other properties in the same vicinity and zone.
- Preservation of Privileges: The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone.
- No Special Privilege: The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone.
- No Use Authorization: The variance does not authorize a use or activity that is not otherwise expressly authorized by the zone governing the parcel.
Special Findings
- Off-Site Parking: Approval to locate parking off-site via variance requires findings that the variance will benefit the nonresidential development and facilitate access via public transit [Section 17.72.070.F.2].
- Reasonable Accommodation: A variance may be granted to provide reasonable accommodation for disabled persons in compliance with the Americans with Disabilities Act (ADA) [Section 17.72.070.F.3].
Appeals
Decisions made by the Community Development Director regarding a Minor Variance may be appealed to the Planning Commission. Decisions made by the Planning Commission may be appealed to the Grass Valley City Council. All appeals must be submitted in writing within 15 calendar days of the decision [Section 17.91.030].
Sections Cited
- Section 17.70.040 - Application preparation and filing.
- Section 17.70.050 - Application fees.
- Section 17.70.070 - Initial application review.
- Section 17.72.070 - Variances and minor variances.
- Section 17.91.030 - Filing and processing of appeals.
- Section 17.92.020 - Notice of hearing.
- Table 7-1 - Review Authority.
- Table 7-3 - Allowable Minor Variances.