Calaveras County Municipal Code Ch. 17.35 Variances

This Chapter is intended to provide a mechanism for relief from the strict application of this title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

The planning commission shall act as the review authority for variance applications based on consideration of the requirements of this chapter.

A. Application. Applications for a Variance shall be filed with the planning department on the prescribed application forms in accordance with the procedures in Section 17.27.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 17.35.050, Required Findings.

B. Public Notice. An application for a variance shall require a public notice prior to the planning commission decision, pursuant to Section 17.27.070, Public Notice.

C. Public Hearing. An application for a variance shall require a public hearing before the Planning Commission, pursuant to Section 17.27.080, Conduct of Public Hearings.

After conducting a public hearing, the planning commission must make all the following findings to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination in writing.

A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings; and

B. The strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and

C. The variance authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

In approving a variance, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes.

A. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the board of supervisors; and

B. Achieve the general purposes of this title or the specific purposes of the zone in which the project is located; and

C. Achieve the findings for a variance granted under this chapter; and

D. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act (CEQA).

The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A. Appeals. Variance decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B. Expiration, Extensions and Revisions. Variance approval design review is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C. Revocation. Variance approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.