Wheatland City Zoning Code
CHAPTER 18
73 VARIANCES
§ 18.73.010 Criteria for granting.
A.
Variances from the terms of this title 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 title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B.
Any variance granted shall be subject to such conditions as will 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 zone in which such property is situated.
C.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.
(Ord. 337 Exh. A, 1991)
§ 18.73.020 Public hearing.
A.
Subject only to the rules regarding the placement of matters on the planning commission agenda, the matter shall be set for public hearing.
C.
At the public hearing, the planning commission shall hear any person affected by the proposed variance. The hearing may be continued from time to time, but shall be concluded within sixty days of commencement.
(Ord. 337 Exh. A, 1991)
§ 18.73.030 Decisions.
Within thirty days of the conclusion of the hearings, the planning commission shall grant or deny the variance applied for. The granting of a variance may be subject to terms and conditions attached thereto and made a part thereof. The action of the planning commission shall be expressed in writing and shall contain findings of fact as to the satisfaction of the conditions set forth in Section 18.73.010. Failure of the planning commission to act within thirty days of the conclusion of the hearing shall be deemed to be a denial of the application on that date. The decision of the planning commission shall become final ten days from the date of rendering, unless an appeal has been made within that time.
(Ord. 337 Exh. A, 1991)