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Madera County Unincorporated
City Zoning Code

CHAPTER 18

106 - VARIANCES

18.106.010 - Purpose.

Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, variances may be granted as provided in this section.

(Ord. 525 § 1(part), 1989).

18.106.020 - Application.

Application for variance from any requirement of this title shall be made in writing on a form prescribed by the zoning agency and shall be submitted to the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.106.030 - Fee to accompany application.

Structure location variance applications shall be accompanied by a fee as specified by the board of supervisors, payable to the zoning agency. Structure location variances may be granted by the zoning administrator without public hearing. All other variance applications shall be accompanied by a fee as specified by the board of supervisors and shall be acted upon by the zoning agency or the board of supervisors.

(Ord. 525 § 1(part), 1989).

18.106.040 - Statements and plans required.

The application for variance from any requirement of this title shall include a statement and plans, drawings, photographs, or other documentary evidence showing that:

A.

There are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same zoning district.

B.

The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

C.

The granting of such application will not, under the circumstances of this 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, in the circumstances of this particular case, be materially detrimental to the public welfare or injurious to the property or improvements in that neighborhood.

D.

The granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.

E.

Because of special circumstances, applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications.

(Ord. 525 § 1(part), 1989).

18.106.050 - Action by zoning agency.

The zoning agency may approve the application for variance only if it determines that the requirements of this title have otherwise been met and that the statements, plans, drawings, photographs and other documentary evidence do in fact show the factors specified in Section 18.106.040. Proceedings to grant a variance shall be conducted as provided in Sections 18.108.050 through 18.108.100.

(Ord. 525 § 1(part), 1989).