Chapter 19.52
VARIANCES
Sections:
19.52.040 Action by planning commission.
19.52.050 Action by board of supervisors.
19.52.010 When permitted.
Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this title may result from the strict application of certain provisions thereof, variance may be granted as provided in this chapter, but in no case shall a variance be approved to allow a change in the use of land or buildings. (Ord. 351 §13(part), 1962).
19.52.020 Application.
Application for variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by the required fee, no part of which shall be returnable to the applicant and by statement, plans and other evidence showing:
A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereof authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situate;
B. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. (Ord. 898 §3, 1982).
19.52.030 Public hearings.
A public hearing shall be held on any application for a variance. The planning commission shall give notice thereof as required by California Government Code Section 65090 et seq., as may be amended or renumbered. (Ord. 1701 §2, 2010: Ord. 351 §13.2, 1962).
19.52.040 Action by planning commission.
After conclusion of the public hearing, the planning commission shall make a written finding of facts whether the qualifications under Section 19.52.020 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this title. Such written finding of facts shall be submitted to the board of supervisors. (Ord. 351 §13.3, 1962).
19.52.050 Action by board of supervisors.
The board of supervisors shall consider the variance application within sixty days after receipt of the planning commission report and if the board of supervisors finds that the qualifications under Section 19.52.020 apply to the land, building or use for which variance is sought, and that such variance is in harmony with the general purposes of this title, said board shall grant such variance. The board may designate such conditions in connection with the variance as it may deem necessary to secure the purposes of this title and may require guarantees and evidence. (Ord. 351 §13.4, 1962).
19.52.060 Revocation.
A. In any case, where the conditions of granting of a variance have not or are not complied with, the planning commission shall give notice to the permittee (of intention to revoke such variance) at least ten days prior to a hearing thereon. After conclusion of the hearing, the planning commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.
B. In any case, where a variance has not been used within one year after a date of granting thereof, then without further action by the planning commission or board of supervisors, the variance granted shall be null and void. (Ord. 351 §13.5, 1962).
19.52.070 Effect.
No building or zoning permit shall be issued unless in accordance with the conditions and terms of the variance granted. (Ord. 351 §13.6, 1962).