Chapter 33.30
VARIANCES

Sections:

33.30.010    Variances – Application.

33.30.020    Applicability.

33.30.030    Required showing for a variance – Approval.

33.30.040    Variance – Hearings.

33.30.050    Appeal of the Hearing Examiner action.

33.30.060    Inclusion and findings of fact.

SOURCE:    ADOPTED:

Ord. 581    12/19/95

AMENDED SOURCE:    ADOPTED:

Ord. 631    02/03/98

Ord. 940    01/30/18

33.30.010 Variances – Application.

A request for a variance shall be made on forms provided by the Administrator and shall contain the information found in CCC 33.37.020. Before an application for a variance shall be acted upon, all of the matters relating to the application shall be reviewed by the Administrator and public agencies affected by the variance. The Administrator’s findings together with interested agencies comments shall be transmitted to the Hearing Examiner for his/her consideration no later than seven days prior to the Hearing Examiner’s consideration of the application. The Director shall coordinate review of the application with public agencies that have an interest in the application.

33.30.020 Applicability.

A variance may be granted from the minimum standards of this regulation; provided, that a variance may not be allowed regarding minimum lot size, maximum density or land uses permitted in each zone. The reduction of a minimum lot size in essence increases land use density and is in effect a rezone to higher density.

33.30.030 Required showing for a variance – Approval.

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

(1) That because of special circumstances applicable to subject property including size, shape, topography and location, the strict application of this regulation would deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and within the same zone as set forth in the official zoning map;

(2) That the granting of the variances will not be materially detrimental to the public health or injurious to property or improvements thereon;

(3) That the granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan or the spirit of this regulation; and

(4) That approval of the variance will not constitute a grant of special privilege.

The Hearing Examiner shall approve of the variance request if it finds that all of the above circumstances apply to the request. Upon approval by the Hearing Examiner of any variance, the Hearing Examiner may attach such conditions including, but not limited to, those specified in CCC 33.27.040(2) to its approval as will assure that the development will conform to the spirit and intent of this regulation and the County Comprehensive Plan and be compatible with adjacent land uses.

33.30.040 Variance – Hearings.

Upon the filing of an application for a variance, the Administrator shall set forth the time and place for a public hearing on such matter by the Hearing Examiner. Written notice thereof shall be provided as specified in CCC 33.37.010 and Chapter 26.10 CCC.

33.30.050 Appeal of the Hearing Examiner action.

Any appeal of the Hearing Examiner’s decision shall comply with Chapter 26.10 CCC.

33.30.060 Inclusion and findings of fact.

The Hearing Examiner shall, in making an order or decision, include in the written record of the case the findings and fact upon which the action is based. Said findings shall be made available to the public upon request.