§ 17.92.010. Variances.

Variances from the terms of any regulation established by the zoning plan may be approved as set forth in this chapter.

A.

An application for a variance shall be made to the planning department on a form prescribed by the director of resource management, and shall be accompanied by a statement, plans or other evidence showing:

1.

There are special circumstances applicable to the applicant's property, including size, shape, topography, location or surroundings, and as a consequence of these circumstances, the strict application of the zoning regulations deprives the property of privileges enjoyed by other property in the vicinity and in the same zone district; and

2.

The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; and

3.

The variance will not, under the circumstances of the particular case, adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that his application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the variance application, and no further action shall be taken upon it.

C.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors.

D.

All applications shall be reviewed by county staff. The report of county staff, including any recommended conditions of approval, shall be forwarded to the planning commission prior to the hearing on the application.

E.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The board of supervisors may, by resolution, provide for additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

F.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a variance application shall clearly describe the variance, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the variance. No variance shall be granted unless findings of fact are made that all of the criteria in subsection A of this section apply. The planning commission may require security it deems reasonably necessary to insure compliance with any conditions imposed.

G.

The granting of any variance may be conditioned upon the dedication of land or the posting of a bond to guarantee the in-stallation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the variance is granted. No variance shall be granted unless conditions are imposed that assure that the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the subject property is located. No variance shall be granted which authorizes a use or activity which is not expressly authorized by the zone district regulations. Every variance granted under this section is revocable.

H.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the director of resource management shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a variance application shall permit the applicant to vary from the applicable zoning regulations to the extent authorized in the resolution, provided any precedent conditions imposed under subsection F of this section or on appeal have first been met.

I.

No building permit or mobile home installation permit for which a variance is required shall be issued until the time to appeal approval of the variance has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the board of supervisors.

(Ord. 95-3 § 96, 1995; prior code § 5.05.010)