A variance from the terms of the zoning district regulations may be granted by the zoning administrator or by the commission, subject to the provisions of this chapter. The zoning administrator may hear variances from the terms of this title, excepting therefrom variances from the terms of the Conservation Regulations as set forth in Chapter 18.108 and variances associated with use permits, parcel maps and other approvals requiring action by the commission. Subject to the provisions of this chapter and to the limitations of state law, the commission may hear any variance from the terms of this title.

(Ord. 511 § 1 (part), 1976: prior code § 12820)

(Ord. No. 1370, § 52, 3-20-2012)

Application for a variance shall be made in writing on a form prescribed by the director, and shall be accompanied by plans, elevations and other appropriate information, including graphic depictions necessary to show the grounds for the granting of a variance.

(Ord. 511 § 1 (part), 1976: prior code § 12821)

(Ord. No. 1370, § 53, 3-20-2012)

An application for a variance shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 906 § 44, 1989: Ord. 837 § 50, 1987: Ord. 511 § 1 (part), 1976: prior code § 12822)

The zoning administrator or the commission shall hold a public hearing on each application for a variance. Notice of the hearing shall be given in accordance with Section 18.136.040. The public hearing shall be conducted in conformity with procedures established by the designated decision maker. The applicant shall bear the burden of proof in establishing facts supporting the applicant's eligibility for grant of variance. Any party may appear in person or be represented by an attorney or agent.

(Ord. 511 § 1 (part), 1976: prior code § 12823)

(Ord. No. 1370, § 54, 3-20-2012)

A.

Any variance granted shall be subject to such conditions as shall assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.

B.

Any variance granted may be subject to conditions specifically set forth in the variance including, without limitations, conditions governing all the matters set forth in Section 18.124.060 with respect to use permits.

(Ord. 511 § 1 (part), 1976: prior code § 12824)

A.

Before issuing a variance, the zoning administrator or the commission shall make the following written findings:

1.

That the procedural requirements set forth in this chapter have been met;

2.

Special circumstances exist applicable to the property, including size, shape, topography, location or surroundings, because of which strict application of the zoning district regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

3.

Grant of the variance is necessary for the preservation and enjoyment of substantial property rights;

4.

Grant of the variance will not adversely affect the public health, safety or welfare of the County of Napa;

5.

That, in the case of groundwater basins identified as "groundwater deficient areas" under Section 13.15.010, grant of the variance would not require a new water system or improvement, or utilize an existing water system or improvement causing significant adverse effects, either individually or cumulatively, on said groundwater basins in Napa County, unless that variance would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code;

6.

That, in the case of other groundwater basins, or areas which do not overlay an identified groundwater basin, where grant of the variance cannot satisfy the criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080, substantial evidence has not been presented demonstrating that grant of the variance might cause a significant adverse affect on any underlying groundwater basin or area which does not overlay an identified groundwater basin;

7.

In the case of a development or improvement with a reasonably foreseeable connection to a public water supply as defined in 13.15.010, regardless of the number of parcels served, grant of the variance would not require a new water system or utilize an existing water system necessitating a groundwater permit pursuant to Chapter 13.15. This finding shall not be required if the applicant presents substantial evidence demonstrating that grant of the variance for such development or improvement would not have a significant adverse effect on the underlying groundwater basin; or if that variance would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code.

B.

If the proposed variance is for the purpose of permitting the creation of one or more parcels that will be less than the minimum parcel size established by subsection (A) of Section 18.104.010, the commission shall approve the requested variance only if it makes the following additional written findings:

1.

The parcel(s) proposed to be created will be less than the minimum size established by the underlying zoning district regulations;

2.

The parcels proposed to be created result from a parcel being bisected by a county road as a result of a county-initiated realignment of an existing public road; and

3.

The primary purpose of that realignment is to correct or eliminate a documented hazardous condition.

C.

Except as provided in subsection (B), variances of the minimum parcel size are not permitted.

(Ord. 1230 § 7, 2003: Ord. 1162 § 7(d), 1999: Ord. 901 § 1, 1988: Ord. 511 § 1 (part), 1976: prior code § 12825)

(Ord. No. 1370, § 55, 3-20-2012)

If a variance is granted, the director shall within thirty calendar days of such approval notify the Napa County assessor of the approval.

(Ord. 867 § 22 (part), 1976: prior code § 12825.5)

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not authorized by zoning district regulations governing the parcel of property.

(Ord. 511 § 1 (part), 1976: prior code § 12826)

The commission may revoke any variance upon a finding by the commission that the conditions set forth in the variance have been violated. The commission may make such a finding only after a public hearing, upon notice given in accordance with Section 18.136.040.

(Ord. 511 § 1 (part), 1976: prior code § 12827)