Chapter 4.35
VARIANCES
Sections:
4.35.010 Purpose.
Whenever practical difficulties or unnecessary hardship inconsistent with the general purposes of the ordinances, regulations or rules of the district governing sanitary facilities or installations may result from the strict and literal interpretation and enforcement of the provisions of such ordinances, regulations or rules, the board, upon receipt of a verified application from the owner of the property affected, stating fully the grounds of the application and the facts relied upon, shall have authority to grant, upon such safeguards and conditions as it may determine such variances therefrom as may be in harmony with their general purpose and intent, so that the spirit of said ordinances, rules and regulations shall be observed, public safety and welfare secured, and substantial justice done. [Ord. 2023-004 § 7.010]
4.35.020 Application.
Written application for approval of such variances shall be filed in the district office upon a form prescribed by the board. A fee of $100.00 shall be paid upon the filing of each such application, which shall be accompanied by a statement, plan, and evidence or documentation showing:
A. That exceptional or extraordinary circumstances or conditions apply to the premises or facilities or installation referred to in the application, which circumstances or conditions do not apply generally to other premises or uses of similar facilities or installations in the district.
B. That the granting of the application for variance is necessary for the preservation and enjoyment of substantial property rights and the health and welfare of the petitioner and of the occupants of such premises.
C. That the granting of such application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the applicant’s premises and will not be materially detrimental or injurious to public welfare or to property or improvements in such neighborhood or to facilities or installations of the district. [Ord. 2023-004 § 7.020]
4.35.030 Approval.
Within 30 calendar days following filing of such application, the general manager shall investigate and examine each such application and the premises to which the same relates and shall, within said time, make their recommendation in writing to the board for the granting or denial of the same, giving their reasons for such recommendation, and including proposals for such conditions as the general manager may deem necessary to secure the general purposes and intent of the ordinances, rules and regulations of the district. [Ord. 2023-004 § 7.030]
4.35.040 Hearing.
A public hearing shall be held at the next regular meeting of the board following filing of the general manager’s recommendations at which time and place the board shall consider the application for variance together with supporting statements and evidence and the general manager’s recommendations, and if the board finds that the statements in such application are correct and that such variance is in harmony with the general purposes of the ordinances, rules and regulations of the district and will not be materially detrimental to public or private welfare or health or injurious to property or improvements in the neighborhood of such premises or to facilities or installations of the district, then the board shall, by resolution, grant such application for variance, designating such conditions and safeguards as the board may deem necessary to secure the general purposes of the ordinances, rules and regulations of the district. [Ord. 2023-004 § 7.040]
4.35.050 Notice.
Notice of each public hearing shall be given at least seven days in advance of such hearing by posting notice at the office of the West County Wastewater District, 2910 Hilltop Drive, Richmond, California 94806 and on the property involved or immediately adjacent thereto. [Ord. 2023-004 § 7.050]