Variances from the terms of Chapters 20.02 - 20.60 shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Chapters 20.02 - 20.60 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

(Ord. 67-10 § 5.0400, 1967)

Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a filing fee as prescribed by the current fee schedule resolution of the board of supervisors. Before any variance may be granted by the board of supervisors all of the following must be shown:

1. That there are, exceptional or extraordinary circumstances, or conditions applying to the land referred to in the application, which circumstances or conditions do not apply to other lands, in the same district;
2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant;
3. That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Ord. 2009-003 § 6 (part), 2009: Ord. 67-10 § 5.0401, 1967)

A public hearing shall be held within sixty days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the county and/or by posting notice on the property involved or adjacent thereto at least ten days prior to such hearing.

(Ord. 67-10 § 5.0402. 1967)

Following the public hearing the planning commission shall make a written report showing whether the qualifications under Section 20.54.20 apply to the land for which variance is sought and whether such variance shall be in harmony with the general purposes of Chapters 20.02 - 20.60. Such written report together with a written recommendation shall be submitted to the board of supervisors.

(Ord. 67-10 § 5.0403, 1967)

The board of supervisors shall consider the variance application within sixty days after the receipt of the planning commission reports and if the board of supervisors finds that the qualifications under Section 20.54.20 do in fact apply to the land for which variance is sought and that such variance is in harmony with the general purposes of Chapters 20.02-20.60 the board shall by resolution grant such variance. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purposes of Chapters 20.02-20.60.

(Ord. 67-10 § 5.0404, 1967)

1. In any case where the conditions of granting of a variance have not, or are not complied with, the board of supervisors shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing thereon by the planning commission. After conclusion of the hearing the planning commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.
2. In any case, where a variance has not been used within one year after the date of granting thereof, then, without further action by the planning commission or board of supervisors, the variance granted shall be null and void.

(Ord. 67-10 § 5.0405, 1967)