Chapter 18.110 — VARIANCES

Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this title may result from the strict application of certain height, yard or area requirements thereof, variances in such requirements may be granted as provided in this chapter. (Ord. 467 § 40, 1984)

Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee set by the board of supervisors, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing:

• (1) That there are exceptional or extraordinary circumstances, or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district;

• (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;

• (3) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the

particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

(Ord. 467 § 40, 1984)

A public hearing shall be held within sixty days after the date the application is accepted as complete, notice of which shall be given by one publication in a newspaper of general circulation in the county and by posting notice on the property involved or adjacent thereto and by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed variance at least ten days prior to such hearing. (Ord. 467 § 40, 1984; Ord. 467-AC § 29, 2003)

Following the public hearing, the planning commission shall make written findings of facts showing whether the qualifications under Section 18.110.020 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this title. Such written findings of facts shall be submitted to the board of supervisors. (Ord. 467 § 40, 1984)

The board of supervisors shall consider the variance application within sixty days after receipt of the planning commission report and if the board of supervisors finds that the qualifications under Section 18.110.020 apply to the land, building or use for which variance is sought and that such variance is in harmony with the general purposes of this title, said board shall by resolution grant such variance. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purposes of this title.

(Ord. 467 § 40, 1984)

• (a) In any case, where the conditions of granting of a variance have not been, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing thereon. After conclusion of the hearing the planning commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.

• (b) In any case, where a variance has not been used within one year after the date of granting thereof, then, without further action by the planning commission or board of supervisors, the variance granted shall be null and void.

• (Ord. 467 § 40, 1984)