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Title 18 — Zoning

Chapter 18.73 — VARIANCES

Wheatland Zoning Code · 2026-06 edition · updated 2026-07-07 · Wheatland

§ 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.

  • B. Notice shall be provided as per Section 18.79.030 .

  • 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)

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▸ Contents — Wheatland Zoning Code
Wheatland Zoning Code
  1. ▸ Title 18 — Zoning
    Overview
    1. Chapter 18.03 — GENERAL PROVISIONS
    2. Chapter 18.06 — DEFINITIONS
    3. Chapter 18.09 — GENERAL REGULATIONS
    4. Chapter 18.12 — ZONING MAP AND DISTRICT BOUNDARIES
    5. Chapter 18.15 — A-E AGRICULTURE-EXCLUSIVE ZONE
    6. Chapter 18.18 — RE RESIDENTIAL ESTATES DISTRICTS
    7. Chapter 18.21 — R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
    8. Chapter 18.24 — R-2 TWO-FAMILY RESIDENTIAL DISTRICT
    9. Chapter 18.27 — R-3 MULTIFAMILY RESIDENTIAL-LIMIT DISTRICT
    10. Chapter 18.30 — C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
    11. Chapter 18.33 — C-2 RETAIL COMMERCIAL DISTRICT
    12. Chapter 18.36 — C-3 HEAVY COMMERCIAL DISTRICT
    13. Chapter 18.39 — M-1 LIGHT INDUSTRIAL DISTRICT
    14. Chapter 18.42 — M-2 HEAVY INDUSTRIAL DISTRICT
    15. Chapter 18.45 — F-W FLOODWAY DISTRICT
    16. Chapter 18.48 — F-P FLOODPLAIN COMBINING DISTRICT
    17. Chapter 18.51 — PD PLANNED DEVELOPMENT ZONE
    18. Chapter 18.54 — A AGRICULTURE COMBINING DISTRICTREGULATIONS
    19. Chapter 18.55 — EMERGENCY SHELTER COMBINING DISTRICT
    20. Chapter 18.57 — IND-PK INDUSTRIAL PARK COMBINING DISTRICT
    21. Chapter 18.60 — REGULATION OF SPECIFIC USES
    22. Chapter 18.61 — CULTIVATION OF MARIJUANA
    23. Chapter 18.63 — OFF-STREET PARKING AND LOADING
    24. Chapter 18.64 — BUILDING PERMIT PROCESS FOR ELECTRIC VEHICLE C…
    25. Chapter 18.67 — SITE PLAN AND DESIGN REVIEW
    26. Chapter 18.70 — NONCONFORMING USES
    27. Chapter 18.73 — VARIANCES
    28. Chapter 18.76 — USE PERMITS
    29. Chapter 18.77 — DENSITY BONUS
    30. Chapter 18.78 — ACCESSORY DWELLING UNIT REGULATIONS
    31. Chapter 18.79 — ADMINISTRATION
    32. Chapter 18.82 — APPEALS
    33. Chapter 18.85 — AMENDMENTS
    34. Chapter 18.88 — ENFORCEMENT

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