Chapter 18.80
VARIANCES
Sections:
18.80.010 Issuance conditions.
18.80.020 Application and fee.
18.80.030 Public hearing—Notice.
18.80.040 Action by planning commission.
18.80.010 Issuance conditions.
Where practical difficulties, unnecessary hardships, or results inconsistent with the purposes and intent of this title may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirements may be granted, as provided in this chapter. (Ord. 453 § 26.00, 1985)
18.80.015 Variance findings.
A. That because of special circumstances applicable to the property, including size, shape. topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B. That the granting of the variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity.
C. That the granting of such variances shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such is situated. (Ord. 554 (part), 1993)
18.80.020 Application and fee.
Application for a variance shall be made in writing to the county planner on a form prescribed by the county and shall be accompanied by a fee set forth in the county Fee Ordinance (see Chapter 3.04 of this code), and by statements, plans and other evidence showing:
A. 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 other land, buildings, and/or uses in the district;
B. That the granting of the application is necessary for the preservation and enjoyment of the substantial property rights of the petitioner;
C. That the granting of such application will not affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not be detrimental to the public welfare or injurious to property or improvements in said neighborhood. (Ord. 453 § 26.01, 1985)
18.80.030 Public hearing—Notice.
A. The county planner shall accept the application as complete and adequate for processing or return it to the applicant with a request for additional information within fifteen days.
B. The planning commission shall hold a public hearing to consider the variance request within forty-five days of the date the application is accepted as complete. Notice of such public hearing shall be provided in accordance with the provisions of Section 18.76.030 of this title. (Ord. 453 § 26.02, 1985)
18.80.040 Action by planning commission.
A. The planning commission shall make findings of fact showing whether the qualifications under Section 18.80.020 apply to the land, building or use for which variance is sought and whether such variance shall be in conformance with the county General Plan and with this title and other county ordinances. Such findings of fact shall be basis for the granting, conditional granting or denial of the variance by the planning commission within sixty days of the date the application was received as complete for processing.
B. The variance and any associated building permit shall not be issued until ten days following the date the planning commission has granted the variance. If an appeal has been filed within ten days pursuant to Chapter 18.88 of this title, such appeal shall stay the issuance of such variance until the appeal has been acted upon by the board of supervisors. (Ord. 453 § 26.03, 1985)
18.80.050 Appeals.
Any person not satisfied with the action of the planning commission may within ten days appeal in writing to the board of supervisors. Appeal procedures specified in Chapter 18.88 of this title and fees specified in the county Fee Ordinance shall apply. (Ord. 453 § 26.04, 1985)