Chapter 17.38
VARIANCES
Sections:
17.38.040 Action by city council.
17.38.050 Revocation of variances.
17.38.060 Variances within any historic district, landmark, or landmark site.
17.38.010 Variances.
The approving authority may approve variances from the terms of this title 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 the other property in the vicinity and under identical zoning classification.
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.
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 district governing the parcel of property. (Ord. 186, 2003)
17.38.020 Application.
Application for a variance shall be made to the city council in writing on a form prescribed by the city council, and shall be accompanied by a detailed statement justifying a variance and plans and elevations necessary to show the detail of the proposed variance. Such application shall be accompanied by a fee set by the city council. (Ord. 186, 2003)
17.38.030 Public hearing.
A public hearing by the city council shall be held within 45 days after the filing of the application for the variance; provided, that compliance with the California Environmental Quality Act has been completed. Notice of the hearing shall be given in the manner set forth in EMC 17.32.010. (Ord. 186, 2003)
17.38.040 Action by city council.
In order to grant any variance, the findings of the city council shall be:
A. 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 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. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.
D. The variance is not for a use not permitted in the relevant zone district. (Ord. 186, 2003)
17.38.050 Revocation of variances.
A. The city may move to revoke an approved use permit if not used within one year from the date of approval, or in the event the use permitted is abandoned or not utilized for a period of one year.
B. Any use permit granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith, or if the city council finds that the continuance of the use permit will endanger the public health, safety or welfare.
C. The city council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 10 days prior to the hearing. (Ord. 186, 2003)
17.38.060 Variances within any historic district, landmark, or landmark site.
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 this title shall first be reviewed and considered by the historic district and landmarks commission prior to consideration thereof by the city council. Any such application shall be reviewed by the historic district and landmarks commission at its next regular meeting and said commission shall immediately thereafter forward to the city council its report and recommendations in regard to said application, taking into consideration the effect of such application upon the historic district, landmark, or landmark site. In the event said commission does not act within the time pursuant to this section, the city council may proceed on the basis that the historic district and landmarks commission does not object to said application. (Ord. 186, 2003)