Mariposa County Unincorporated
City Zoning Code

The purpose of a variance is to allow variation from the strict application of the standards of this title, where it is found that practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title, would occur by its implementation. The planning commission, on its own motion or through proper application by the public, may initiate proceedings for issuance of variances.

No variance shall be granted which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

Application for a variance shall be made in writing by a property owner or by a lessee, purchaser in escrow, or optionee with the consent of the owners, on a form and in a manner as prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors, for the variance.

Notice of a public hearing shall be given as set forth in Chapter 17.132 of this title.

The planning commission and/or its staff shall investigate the application and obtain all necessary information to assure that any action on a variance application is consistent with the intent and purpose of this chapter, and with previous action concerning variances.

Before a variance may be granted, it shall be shown that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the conditions applicable to the property involved, or to the intend use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;
2. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or vicinity in which the property is located;
3. The granting of such variance will not adversely affect the comprehensive general plan.
4. There are special circumstances applicable to the property in which the strict application of zoning ordinance regulations will deprive the property of privileges enjoyed by other property in the vicinity and under the identical zone;
5. The granting of such variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;
6. The planning commission shall impose any conditions and/or requirements it finds necessary to guarantee compliance with the findings by this section.

The planning commission shall render its decision on the variance at the conclusion of the public hearing and recite the findings upon which the planning commission bases its decision.

1. The planning director is authorized to grant a minor variance for the following:
   1. Setbacks.
      1. Front yard setbacks may be reduced by not more than 25% of minimum requirements.
      2. Side and rear yard setbacks may be reduced by not more that 40% of minimum requirements, but no closer than 3 feet to any property line.
   2. Height of structures may be increased by not more than 10% of maximum permitted height.
   3. Sign area may be increased by not more than 10% of maximum permitted area.
   4. Parking spaces may be reduced in number by 10% of the required parking but not to exceed three spaces.
2. Findings and Conditions. Prior to approval, the planning director must find all necessary findings listed in section 17.120.050 A-E. The planning director shall impose any conditions necessary to guarantee compliance with these findings.
3. Notice. Public notice shall be given in the manner specified in section 17.132.010.
4. Appeals. The planning director’s determination may be appealed in accordance with section 17.136.