The purpose of this Chapter is to provide a mechanism for applicants to make an application for variances and to provide specific findings to approve or deny variances.

Modifications to the setback, coverage, height, building site area, and development standard regulations of this Title may be considered by a variance.

The Zoning Administrator is the Appropriate Authority to hear and decide all applications for variances, unless said variance is combined with another permit pursuant to Chapter 21.76 (Combined Development Permits) of this Title.

An application for variance shall be made in writing on a form prescribed by the Director of Planning and be accompanied by statements, plans, and other evidence supporting the variance request. Variances from the terms of this Title shall only be granted based upon the following findings.

A.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this Title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

B.

That the variance not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated;

C.

A variance shall not be granted for a use or activity which is not otherwise expressly authorized by the zone regularly governing the parcel of property.

(Ord. No. 5135, § 149, 7-7-2009)

A.

All variances require a public hearing pursuant to Chapter 21.78.

B.

After conclusion of the public hearing, the Appropriate Authority shall make its decision in writing. The decision shall include findings of fact supported by substantial evidence:

1.

The qualifications of Section 21.72.040A and B apply to the land, structure, or use of which the variance is sought, and

2.

The subject property is in compliance with all rules regulations pertaining to zoning uses, subdivisions, or any other applicable provisions of Title 21 and any zoning violation abatement costs have been paid.

C.

The Appropriate Authority shall include such conditions in connection with the variance as deemed reasonable and necessary under the circumstances to preserve the integrity and character of the zoning district and to secure the general purposes of this Title. Such conditions may include monitoring, at reasonable and intervals, to assure compliance with the conditions set forth in the variance. Such conditions may include, but are not limited to, architectural and site approval, time limitations, health and safety requirements, street dedication, and street and drainage improvements. The Appropriate Authority may also require such and guarantees as he or she deems appropriate to assure the compliance of the conditions.

D.

An appeal may be taken from the action of the Appropriate Authority pursuant to Chapter 21.80.

A.

Where one or more of the conditions of a variance have not been, or are not being complied with, or when a variance was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the Appropriate Authority may revoke or modify the variance following public hearing pursuant to Chapter 21.78 of this Title.

B.

An appeal may be taken from such revocation or modification pursuant to Chapter 21.80.

A.

Any variance issued under the terms of this Chapter shall be valid until the date of expiration stated on the permit. If no date of expiration is stated, or unless otherwise specified by the decision making body, any permit which allows a use, excluding a use which contemplates the construction of structures or structures, shall expire two years from the date of granting the permit unless use of the property has begun within this period.

B.

If no date of expiration is stated, or unless otherwise specified by the Appropriate Authority, any permit granted under this Chapter which allows for the construction of buildings or other structures shall remain valid as long as actual construction has begun within two years from the date of the granting of the permit.

C.

In case of an appeal, the term of the permit shall not begin until the date of the resolution of the appeal.

D.

Notwithstanding Subsections A. and B., the expiration date of any variance that was approved between January 1, 2006 and January 1, 2009 shall be automatically extended by twenty-four (24) months from the date the variance would otherwise have expired provided the following criteria are met:

1.

No more than one prior extension of the permit has been granted for the project; and

2.

No variance extension request for the project has been previously denied.

(Ord. No. 5155, § 3, 3-16-2010)

Building permits shall not be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the variance granted nor until ten (10) days after the mailing of notice of granting of such variance by the Appropriate Authority, or, granting of such variance by the Board of Supervisors in the event of appeal.

When an application or portion of a application for a variance is denied by the Appropriate Authority or the Board of Supervisors appeal, no new application for a variance substantially the same as the one denied shall be considered for a period of one year following such denial.

The application fee for a variance shall be established from time to time by the Board of Supervisors, and no part of such fee shall be refundable, unless said refund is requested in writing concurrent with the withdrawal of the variance and provided that the applicant has not yet been sent written notice of the applications completeness or incompleteness. In such cases, fifty (50) percent of the filing fee shall be refunded.

A.

The Appropriate Authority may extend variances upon receipt of a written request from the permittee, provided such request is made at least thirty (30) days prior to the expiration of the variance. The written request shall be filed with the Appropriate Authority and set forth reasons supporting the request.

B.

The extension request shall be subject to the provisions of Chapter 21.78.040A of this Title.