8181-4 - Variances.

Variances are adjustments in the regulations and development standards contained in this Chapter. Variances are discretionary, and are granted to permit deviations from regulations governing such factors as setbacks, height, lot coverage, lot area and width, signs, off-street parking and wall, fencing and screening standards. The procedures of Section 8181-6 shall be followed. Variances may not be granted to authorize a use or activity that is not otherwise expressly authorized by the zone regulations governing the property.

(Ord. No. 4451, § 9, 12-11-2012)

The sole purpose of any variance shall be to enable a property owner to make reasonable use of his property in the manner in which other property of like character in the same vicinity and zone can be used. For the

purposes of this Section, vicinity includes both incorporated and unincorporated areas if the property in question is within the sphere of influence of such incorporated area.

(Ord. No. 4451, § 9, 12-11-2012)

8181-4.2 - Required findings for variances.

The granting authority must find that the following standards are met by the application:

(a)

There are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography and location, that do not apply generally to comparable properties in the same vicinity and zone within the coastal zone; and

(b)

Granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone within the coastal zone; and

(c)

Strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and

(d)

The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and

(e)

All development authorized by the variance is consistent with all applicable standards of the LCP; and

(f)

That the granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the County's Hazardous Waste Management Plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities.

(Add. Ord. 3946—7/10/90; Ord. No. 4451, § 9, 12-11-2012)

The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the above standards can be met.

(Ord. No. 4451, § 9, 12-11-2012)

Applications for routine and minor adjustments in certain types of zoning regulations may be approved by the Planning Director as administrative variances, if the standard of Section 8181-4.2 are met. The procedures of

Section 8181-6 shall be followed. An administrative variance may be granted only in the following situations:

(a)

To allow a decrease not exceeding twenty (20) percent in required minimum setbacks, or ten (10) percent in the parking aisle width requirement or other such related dimensions;

(b)

To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot, except in the clear sight triangle;

(c)

To allow an increase not exceeding ten (10) percent in maximum building coverage; and

(d)

To allow required parking for single-family dwellings to be provided in tandem.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)

In all cases not covered in Section 8181-4.4, variances shall be considered by the Planning Commission. The procedures of Section 8181-6 shall be followed.

(Ord. No. 4451, § 9, 12-11-2012)

Any variance is considered to run with the land; however, a time limit may be placed on the variance, in which case the variance shall expire at the end of the specified period unless an extension is granted.

(Ord. No. 4451, § 9, 12-11-2012)

8181-5 - Filing and processing of application requests.

Application requests shall be filed with the Planning Division. No application request shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true and correct form, the required materials and information prescribed by the forms supplied by the Ventura County Planning Division; and is accompanied by the appropriate fees. The County staff may refer any application request to an independent and qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the County. The costs for all such consultant work shall be borne by the applicant and are independent of the fees paid to the Planning Division for processing of the requests.