These provisions shall ensure the following:

(a)

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

(b)

Any variance granted shall be subject to conditions which will ensure that the adjustment thereby authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

(c)

The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in chapter 9.48 (Conditional Use Permits).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An application for a variance shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission may grant a variance from the requirements of this code governing only the following matters:

(a)

Permit the modification of the dimensional standards of the following:

(1)

Distance between structures;

(2)

Parcel area;

(3)

Parcel coverage;

(4)

Parcel dimensions;

(5)

Setbacks; and

(6)

Structure heights.

(b)

Permit the modification of sign regulations (other than prohibited signs).

(c)

Permit the modification of the number and dimensions of parking areas, loading spaces or lighting requirements.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon receipt in proper form of a variance application, a public hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Following a public hearing, the commission shall record the decision in writing and shall recite therein the findings upon which the decision is based, pursuant to state law (Government Code § 65906). The commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

(a)

That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification.

(b)

That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and denied to the property for which the variance is sought.

(c)

That granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

(d)

That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located.

(e)

That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

(f)

That granting the variance will not be inconsistent with the general plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The granting of a prior variance is not admissible evidence for the granting of a new variance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The burden of proof to establish the evidence in support of the findings, as required by section 9.46.025, is the responsibility of the applicant.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A variance shall be exercised within one year from the date of approval, or the variance shall become null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting of an extension, the commission shall ensure that the variance complies with all current Code provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No permit shall be issued for any use involved in an application for approval of a Variance until, and unless, the same shall have become final, pursuant to section 9.56.040 (Effective Date).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A variance may be revoked or modified by the commission if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.46.025 can no longer be made, and the grantee has not substantially exercised the rights granted by the variance.

(b)

That the variance was obtained by misrepresentation or fraud.

(c)

That the improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

(e)

That the improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation.

(f)

That the improvement permitted by the variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)