A variance is an exception from zone restrictions that is granted by the Planning Commission upon application which permits the development of real property to vary to a specified extent from area height, yard or space requirements when strict and literal interpretation of the provisions of this chapter create practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Division. Variances shall not be granted to authorize uses or activities which are not otherwise expressly authorized by the zone regulations governing the property.

The sole purpose of any variance shall be to prevent discrimination and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the vicinity and zone.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

The original jurisdiction shall be exercised over variances as follows:

(A)

Concurrent Application. When an application for granting or modifying a variance is submitted concurrently with an application for a use permit, variance, General Plan amendment or zone reclassification related to the same property, the administrative permit shall be under the jurisdiction of the officer or body having jurisdiction over the use permit, variance, General Plan amendment or zone reclassification, and shall be reviewed and decided concurrently with such other application.

(B)

Regular Variance. All other variances shall be designated as regular variances and applications for their granting or modification shall be under the jurisdiction of the Planning Commission.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Applications for a variance or modification thereof shall be filed with the Department upon such forms and accompanied by such plans and data as may be prescribed by the Department so as to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Before any variance may be granted or modified it shall be shown:

(A)

That there are special circumstances applicable to the property involved, including size, shape, topography, location, or surrounding;

(B)

That such special circumstances or conditions are not due to any action of the applicant subsequent to the application of the zoning regulations contained in the Division;

(C)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question.

(D)

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located;

(E)

That the granting of such variance will not adversely affect the General Plan.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

(A)

Action. Upon completion of review and evaluation of an application for a variance, the Planning Commission shall hold a public hearing and shall either:

(1)

Make all of the findings specified in Section 20.200.020 and any or other determination as is required by the pertinent sections of this Division and approve the application. The variance may be granted for the full dimensions and extent, or any portion thereof, as requested by the applicant.

(2)

Notify the applicant of the changes and modifications required for approval of the application; or

(3)

Deny the variance. The Planning Commission shall deny the variance if:

(a)

The variance cannot be conditioned by adequate requirements to ensure compliance with applicable regulations; or

(b)

The application for the variance cannot reasonably be modified to conform to the applicable requirements; or

(c)

The required findings cannot be made.

(B)

Time Period for Review and Approval. Review and approval of variances shall be governed by the provisions of the Permit Streamlining Act (Government Code Section 65920 et seq.), as it may be amended from time to time.

(C)

Public Hearing and Notice. A public hearing shall be held and noticed pursuant to the provisions of Section 20.190.010.

(D)

Notice of Decision. The decision to approve or deny an application for a variance shall be provided to the applicant in writing. The notice of decision shall include:

(1)

The decision regarding the variance and the date of the decision.

(2)

Any conditions of approval.

(3)

The deadline for the public or the applicant to file an appeal of the decision, which shall as provided in Chapter 20.208 (Appeals).

(E)

Effective Date. The decision to approve or deny an application for a variance shall be final when the deadline for the filing of an appeal by the public or applicant has expired without the filing of an appeal.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Any variance granted may be subject to such conditions or restrictions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located and ensure that the project's operation will allow all of the findings for approval to be made. The Planning Commission may also require such reasonable guarantees and evidence to ensure compliance with the terms and conditions. Conditions of approval may also require that specific actions take place by specified deadlines. Noncompliance with conditions of approval may result in revocation of a variance as provided in this Chapter.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

The decision made pursuant to Sections 20.200.025 (Decision and Notice) or 20.200.055 (Revocation or Modification) may be appealed as provided in Chapter 20.208 (Appeals).

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Each valid unrevoked and unexpired variance shall expire and become null and void at the expiration of two (2) years after granting except where construction and or use of the property in reliance on such variance has commenced prior to its expiration.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

If prior to expiration of the variance pursuant to Section 20.200.040, the applicant files a written application for extension, the period within which construction or use of the property in reliance on the variance must be commenced may be extended by order of the Zoning Administrator at any time within ninety (90) days after the date of expiration as originally established. An application for such an extension shall be made on the prescribed form and shall be filed with the Department. The period within which construction and/or use of the property in reliance on the variance must be commenced may be extended subject to conditions, as provided by Section 20.200.030. Decisions of the Zoning Administrator may be appealed as provided by Chapter 20.208 (Appeals).

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

A variance may be revoked or modified as provided by the provisions of Section 20.190.015.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Each variance granted pursuant to these provisions shall expire and become null and void at the expiration of one (1) year after the purpose for which it was granted has been discontinued or abandoned.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

No application for a variance which has been denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless specific permission to do so has been granted as follows:

(A)

Denial by the Planning Commission. If the Planning Commission has denied the variance, permission to reapply may be granted by the Planning Commission or the Board of Supervisors.

(B)

Denial by the Board of Supervisors. If the Board of Supervisors has denied the variance, permission to reapply may be granted by the Board of Supervisors.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

The granting or modification of any variance to these provisions shall not authorize or legalize the maintenance of any private or public nuisance.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Whenever a variance is granted with respect to any property, the Department shall, within thirty (30) days, notify the County Assessor.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)