Chapter 29.40
VARIANCES

Sections:

29.40.100    Variances authorized.

29.40.200    Application.

29.40.300    Public notice.

29.40.400    Criteria for approval.

29.40.500    Appeal of the hearing examiner’s action.

SOURCE:    ADOPTED:

Ord. No. 594, 1996    05/21/96

AMENDED SOURCE:    ADOPTED:

Ord. No. 631, 1998    02/03/98

29.40.100 Variances authorized.

Variances to the standards prescribed by this title may be authorized by the Hearing Examiner.

29.40.200 Application.

The variance application may be filed at any time prior to expiration of a preliminary approved land division. When a variance application is made prior to the granting of preliminary approval, the time limit for approval of a preliminary land division specified in this title shall be suspended pending conclusive action on the variance. The applicant is responsible for demonstrating that the variance request satisfies all of the criteria set forth in CCC 29.40.500. Variance applications are encouraged to be applied for and processed with the associated land division application.

29.40.300 Public notice.

Public notice for the required hearing before the Hearing Examiner shall be in compliance with Chapter 29.10 CCC.

29.40.400 Criteria for approval.

Before a variance shall be granted, it shall be shown that:

(1) The variance does not constitute a grant of special privilege inconsistent with the limitations upon other, similarly situated property in the County;

(2) Because of special circumstances applicable to the property, including size, shape, drainage, topography, location and surroundings, the strict application of this regulation would deprive the subject property owner of rights and privileges enjoyed by other property owners in the vicinity;

(3) Granting of the variance will not be materially detrimental to the public health, safety, welfare, use or interest, or injurious to property or improvements in the vicinity;

(4) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant, and

(5) The granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan, or be inconsistent with County land use codes or inconsistent with the spirit or intent of this title.

29.40.500 Appeal of the hearing examiner’s action.

Any decision of the Hearing Examiner on a variance may be appealed within fourteen (14) calendar days to the Board of Commissioners pursuant to Chapter 26.10 CCC.