Chapter 17.16 — VARIANCES

Sections:

• 17.16.010 Purpose and Applicability. 17.16.020 Approval Authority. 17.16.030 Findings. 17.16.040 Conditions and Restrictions.

In accordance with California Government Code Section 65906, a variance request allows the town to grant exceptions to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations. (Ord. 582 § 1 (Exh. A), 2009)

The designated approval authority for variances is the planning commission. The town planner provides a recommendation and the planning commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title as described in section 17.06.070 (Approval Authority) and Table 17.06.070-1 (Approval Authority). (Ord. 582 § 1 (Exh. A), 2009)

A variance may be granted from site development, height, floor area, setback, or other requirements of this title applicable within any district, other than allowed use provisions, only if the designated approval authority makes the following findings:

A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property owners in the vicinity and under identical land use zoning district classifications.

B. Granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district in which such property is located.

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

Page 25 of 192

Title 17 Zoning | Atherton Municipal Code

C. Granting the variance will not adversely affect the interest of the public or the interest of residents and property owners in the vicinity of the premises in question.

D. The granting of the variance is consistent with the objectives of the general plan and this title. (Ord. 582 § 1 (Exh. A), 2009)

In granting a variance, the designated approval authority may impose such reasonable conditions or restrictions as it deems appropriate or necessary to protect the public health, safety, or general welfare, and to secure the purposes of this title, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 582 § 1 (Exh. A), 2009)