The variance is established to permit modification of development standards as they apply to particular development when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the zoning code, develop through the strict literal interpretation and enforcement of such provisions. Any variance granted shall be subject to conditions that will ensure that the variance does 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.

(Ord. No. 870, § 1, 6-7-2022)

(a)

A variance may be granted by the planning commission to permit modification of the following where mandated by this Title 16:

(1)

Building line setbacks, yards, open space, and buffer areas.

(2)

Height, lot coverage, density, and bulk regulations.

(3)

Off-street parking spaces, maneuvering areas and driveway width, and paving standards.

(4)

Landscaping requirements.

(5)

Wall, fencing, and screening requirements.

(6)

Street and highway dedication and improvement standards.

(7)

Lot area and width requirements.

(8)

Operating conditions such as hours or days of operation, number of employees, and equipment limitations.

(9)

Sign regulations other than outdoor advertising.

(10)

Distance-separation requirements.

(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 that authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

(Ord. No. 870, § 1, 6-7-2022)

(a)

Application checklist. The application submittal shall contain all of the materials and information as required by the variance checklist.

(b)

Application fee. The city's variance application fee shall be paid at the time of application submission to the planning department. The variance application fee shall be set by city council resolution.

(c)

The applicant shall submit the variance application to the planning department. The planning department shall have thirty calendar days to review the application and provide notice to the applicant whether the application is complete or requires additional information:

(1)

If the planning department determines that the application is incomplete, the department shall notify the applicant of the application's deficiencies. The applicant will have a maximum of ninety calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction, the application process is deemed to have lapsed at the expiration of the ninetieth day.

(2)

If the planning department determines that the application is complete, the proposed variance shall be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the planning department shall schedule a public hearing with the planning commission no more than fifteen days after completing environmental compliance.

(Ord. No. 870, § 1, 6-7-2022)

A public hearing by the planning commission shall be held and noticed in compliance with Government Code §§ 65090 through 65096.

(Ord. No. 870, § 1, 6-7-2022)

(a)

In order to grant any variance, the findings of the planning commission shall be:

(1)

Because of special circumstances or exceptional characteristics applicable to the property, the strict application of the city code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(2)

The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

(3)

Strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards.

(4)

Such adjustment will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity.

(Ord. No. 870, § 1, 6-7-2022)

(a)

The commission may impose conditions to ensure that the approval will be in accordance with the findings required in Section 16.58.050. Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested.

(b)

The application may be approved contingent upon compliance with applicable provisions of other ordinances and any other federal, state, or county requirements.

(Ord. No. 870, § 1, 6-7-2022)

(a)

If a variance is not exercised, used, or established within one year of its grant or the time otherwise specified in the permit, the variance automatically expires. A variance is considered to be exercise, used, or established when, within one year of its grant or within the time otherwise specified in it, a building permit is issued for the purpose and location described in it. If no building permit is required to establish the variance, use, or other matter granted, then the permit is considered to be exercised, used, or established when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.

(b)

A variance or modification shall be revoked if the planning commission finds that one or more of the following conditions exists:

(1)

The variance or modification was obtained in a fraudulent manner;

(2)

The use for which the variance or modification was granted had ceased or was suspended for six or more successive calendar months;

(3)

The variance or modification is being, or has been, exercised contrary to any conditions of approval imposed upon such permit;

(4)

The variance or modification is being, or has been, exercised in violation of any law;

(5)

That the use for which the variance or modification was granted is being exercised so as to be detrimental to the public health or safety or so as to constitute a nuisance.

(c)

The planning commission, on its own motion, may, or upon direction of the city council, shall hold a public hearing upon the question of revocation of a variance or modification granted. Notice of such hearing shall be noticed in compliance with Government Code §§ 65090 through 65096. The city shall bear the burden of proving grounds for revocation. The permittee may at such hearing add any relevant evidence or testimony in opposition to the proposed revocation. If the planning commission finds that grounds for revocation exist, it may revoke the variance or impose conditions to its continuance. The planning commission shall render a written decision within thirty days of said public hearing and include findings of fact in the event the permit is revoked. The decision of the planning commission may be appealed as provided in Section 16.14.030.

(Ord. No. 870, § 1, 6-7-2022)

Any application for a variance required or permitted pursuant to the terms of this title which relates to any real property located within a historic district, landmark, or landmark site established pursuant to Title 17 of the Yreka Municipal Code, shall first be reviewed and considered by the historic district and landmarks commission prior to consideration thereof by the planning commission.

(Ord. No. 870, § 1, 6-7-2022)

In case the applicant or other affected are not satisfied with the action of the planning commission they may, within ten calendar days after the rendition of the decision thereon by the commission, appeal in writing to the city council pursuant Section 16.14.030.

(Ord. No. 870, § 1, 6-7-2022)

A request for changes in conditions of approval of a variance or a change of site plans that would affect a condition of approval shall be treated as a new application, except those changes determined to be minor, in the opinion of the planning director, may be approved administratively by the director.

(Ord. No. 870, § 1, 6-7-2022)