Biggs City Zoning Code
CHAPTER 14
70 VARIANCES
§ 14.70.010 Purpose.
The purpose of a variance is to provide relief from the provisions of this title where its strict or literal application results in practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title.
(Formerly 14.40.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.70.020 Action by planning commission.
(1)
The planning commission shall issue all variances in accordance with this chapter.
(2)
The planning commission shall hold at least one public hearing on any application for a variance prior to making a decision on it. After the hearing, the planning commission may approve, conditionally approve or deny the variance.
(Formerly 14.40.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.70.030 Decision and findings.
The planning commission may approve or conditionally approve a variance only when it finds, based on the evidence presented in the application and at the hearing that:
(1)
There are exceptional or extraordinary circumstances or conditions applying to the shape, size and topography of the property referred to in the application which do not apply generally to other properties in the same district;
(2)
The granting of the application is necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zone denied to the property in question;
(3)
The granting of such application will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity;
(4)
The variance will be in general harmony with this title and the city of Biggs general plan;
(5)
Where a specific plan is applicable to the site, that the proposed use is consistent with the specific plan.
(Formerly 14.40.030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.70.040 Conditions of approval.
The planning commission may impose any conditions of approval on a variance which it finds to be necessary to carry out the purposes of this title and implement the general plan or any applicable specific plan.
(Formerly 14.40.040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.70.050 Issuance of variance.
(1)
When approval or conditional approval of a variance is final and effective, the city planner shall issue the variance to the applicant. The variance shall have a description of the subject property, a description of the variance, and the conditions of approval.
(2)
The city planner shall record a variance with the county recorder when the variance approval includes a condition(s) restricting the future use or development of the property.
(Formerly 14.40.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)