Chapter 18.164
VARIANCES

Sections:

18.164.010    Authorization to grant or deny variances.

18.164.020    Circumstances for granting a variance.

18.164.030    Procedure for taking action on a variance application.

18.164.040    Time limit on a permit for a variance.

18.164.010 Authorization to grant or deny variances.

The planning commission or the community development department may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific lot, strict application of this title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. In granting a variance, the planning commission or the community development department may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purposes of this title. Variances may not be authorized in EFU-1, EFU-2, EFU-3 or F-1 zones for minimum lot sizes or land divisions for farm or forest uses. (Ord. 323 § 4 (Att. A), 2021; Ord. 18 § 7.010, 2003)

18.164.020 Circumstances for granting a variance.

A variance may be granted only in the event that all of the following circumstances exist:

(1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of the ordinance codified in this title have had no control.

(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess.

(3) The variance would not be materially detrimental to the purposes of this title, or to property in the same zone or vicinity in which the property is located, or otherwise conflict with the objectives of any county plan or policy.

(4) The variance requested is the minimum variance which would alleviate the hardship. (Ord. 18 § 7.020, 2003)

18.164.030 Procedure for taking action on a variance application.

See Chapter 18.172 CCC for the procedure for taking action on a variance application. (Ord. 336 § 7 (Exh. F), 2023; Ord. 18 § 7.030, 2003)

18.164.040 Time limit on a permit for a variance.

Authorization of a variance shall be void after two years unless substantial construction has taken place or the proposed use has occurred. However, the county shall grant one-year extensions as planning director decisions pursuant to CCC 18.172.060. (Ord. 216 § 2, 2009; Ord. 18 § 7.040, 2003)