Butte County Municipal Code Div. 6 Variances and Minor Variances

This article identifies the process for obtaining a Variance or a Minor Variance. A Variance or Minor Variance is a discretionary permit that allows for deviation from physical development standards contained in the Zoning Ordinance. A Variance or Minor Variance may be granted only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property. See Figure 24-226-1 (Typical Process for Variance Approval), and Figure 24-226-2 (Typical Process for Minor Variance Approval).

FIGURE 24-226-1 TYPICAL PROCESS FOR VARIANCE APPROVAL

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FIGURE 24-226-2 TYPICAL PROCESS FOR MINOR VARIANCE APPROVAL

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(Ord. No. 4062, § 1, 9-10-13)

A. Allowable Variances. A Variance or Minor Variance may be granted to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor-area ratio, and off-street parking requirements.

B. Variances Not Allowed. A Variance or Minor Variance shall not be granted to authorize a land use that is prohibited in the applicable zone or to allow deviation from a requirement of the General Plan.

C. Variance and Minor Variance Defined.

1. A Variance is required to approve a deviation from a standard by more than ten (10) percent.

2. A Minor Variance is required to approve a deviation from a standard by ten (10) percent or less.

(Ord. No. 4062, § 1, 9-10-13)

A. Variance. The Planning Commission shall take action on all Variance applications.

B. Minor Variance.

1. The Zoning Administrator shall take action on all Minor Variance applications.

2. The Zoning Administrator may choose to refer any Minor Variance application to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Variance or Minor Variance shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Variance and Minor Variance applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 24-231 (Findings).

(Ord. No. 4062, § 1, 9-10-13)

Public notice and hearing for a Variance or Minor Variance application shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

The review and decision-making authority may approve an application for a Variance or Minor Variance only if the proposed project complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards, and as supported by all of the following findings:

A. There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property.

B. The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property.

C. The Variance or Minor Variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property.

D. The Variance or Minor Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property.

E. The Variance or Minor Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property.

F. The Variance or Minor Variance does not allow a use or activity which is prohibited by the Zoning Ordinance in the applicable zone.

G. The Variance or Minor Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan.

(Ord. No. 4062, § 1, 9-10-13)

The review authority may attach conditions to the approval of a Variance or Minor Variance as needed, except as otherwise being applied for in the Variance or Minor Variance, to ensure compliance with the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the Butte County Improvement Standards.

(Ord. No. 4062, § 1, 9-10-13)

The approval of a Variance or Minor Variance shall not set the precedent for the granting of any future Variance or Minor Variance. Each application shall be considered only on its individual merits.

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to Appeals (Article VI, Division 3), effective dates, permit expiration, permit revocation, and changed plans shall apply to Variances and Minor Variances as provided in Article V, Division 8 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Variances and Minor Variances as provided in Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)