Chapter 17.196 — VARIANCES

Variances from the terms of this title may be granted when, because of special circumstances applicable to a parcel of 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 that is under the same zoning classification.

A variance shall not be granted for a parcel of property which authorizes a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property, but shall be limited to modifications of property development standards, such as lot size, lot coverage, yards, and parking and landscape requirements.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.27(a))

Application for a variance shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by the fees set forth in county Ordinance No. 671. If the use for which the variance is sought also requires approval of a conditional or public use permit pursuant to the land division ordinance, the two applications shall be filed concurrently.

A.

Applications for a variance that do not require an approval of a conditional or public use permit or land division ordinance approval shall supply the following information:

1.

Name and address of the applicant;

2.

Evidence of ownership of the premises or written permission of the owner to make the application;

3.

A statement of the specific provisions of the ordinance for which the variance is requested and the variance that is requested;

4.

A plot and development plan drawn in sufficient detail to clearly describe the following:

a.

Physical dimensions of property and structures,

b.

Location of existing and proposed structures,

c.

Setbacks,

d.

Methods of circulation,

e.

Ingress and egress,

f.

Utilization of property under the requested permit;

5.

Such additional information as shall be required by the application form.

B.

Applications for a variance that also require approval of a permit or land division, shall be accepted for filing only if the principal application is accepted, and shall set for the specific provisions of the ordinance for which the variance is being requested.

C.

If the application for a variance is in connection with a land division pursuant to the land division ordinance, the application shall be construed to be a waiver of any shorter time limitations on processing both a variance and a land division; including time limitations on appeals of either application, so that both applications are processed in the public hearing held under Chapter 17.192 as one unit to final decision.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.27(b))

A public hearing shall be held on all variance applications in accordance with the provisions of Chapter 17.192, and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing. All public hearings on variances which require approval of a permit or land division shall be heard by the hearing body which has jurisdiction of the principal application. All public hearings on variances which do not require approval of a permit or land division within the area of jurisdiction of the East Area planning council shall be heard by the council, and all public hearings on variances which do not require

approval of a permit or land division outside the area jurisdiction of the East Area planning council shall be heard by the planning commission.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.27(c))

Any variance granted shall be subject to such conditions as are necessary so that the adjustment does not constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary to protect the health, safety and general welfare of the community.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.27(d))

Any variance that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three years, except that a variance in connection with a land division may be used during the same period of time that the land division approval may be used; otherwise the variance shall be null and void. Notwithstanding the foregoing, if a variance is required to be used within less than three years, the permittee may, prior to its expiration, request an extension of time in which to use the variance. A request for extension of time shall be made to the board of supervisors, on forms provided by the planning department and shall be filed with the planning director, accompanied by a fee as set forth in county Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the planning director shall review the application, make a recommendation thereon, and forward the matter to the clerk of the board, who shall place the matter on the regular agenda of the board. An extension of time may be granted by the board upon a determination that valid reason exists for permittee not using the variance within the required period of time. If an extension is granted, the total time allowed for use of the variance shall not exceed a period of three years, calculated from the effective date of the issuance of the variance. The term "use" means the beginning of substantial construction for which the variance has been granted, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized variance, or the recording of the final or parcel map in connection with an approved land division. The effective date of a variance shall be determined pursuant to Chapter 17.192.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.27(e))

Any variance granted may be revoked upon the findings and procedure contained in Chapter 17.220.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.27(f))