§ 9172.22. Administrative/Quasi-Judicial - Variance. — Carson Zoning Code

A Variance shall be considered in accordance with the following procedure: (California Government Code Sections 65900 through 65909 .)

A. Initiation. Consideration shall be initiated upon the filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC § 9173.1 .
B. Hearing and Time Limit. The Commission shall hold a public hearing within six (6) months of the date of acceptance of the application.
C. Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of the property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.
D. Commission Findings and Decision.
1. After the hearing, the Commission shall, by resolution, render its decision to approve or disapprove a Variance. A Variance from the terms of this Chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape,

topography, location or surroundings, the strict application of this Chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (California Government Code Section 65906 .) In making its decision, the Commission shall adopt written findings with respect to this requirement.

A Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. (California Government Code Section 65906 .)

Notice of the Commission decision shall be given as provided in CMC § 9173.32 .

E. Conditions. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall 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 (California Government Code Section 65906 ), and shall be subject to such conditions as will assure that any potential adverse effects will be mitigated where feasible.
F. Effective Date and Appeal.
1. The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4 .
2. An appeal shall be considered by the Council as provided in CMC § 9173.4 .
G. Subsequent Modification of Conditions.
1. After a Variance has been granted, modification of the conditions of the Variance, including additions or deletions, may be considered upon filing of an application in accordance with CMC § 9173.1 .

A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Variance and the conditions previously adopted, a public hearing shall be held.
1. The decision and any appeal in connection with a modification of conditions shall be in the same manner as for a Variance.

H. Expiration of Variance.
1. Expiration. A Variance shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (H)(2) of this Section, if any of the following occurs:
  - a. Unused Variance. The Variance has not been used within the time specified in the Variance or, if no time is specified, within one hundred eighty (180) days of its effective date.
  - b. Time Limit as a Condition of Variance. Circumstances which terminate the Variance pursuant to any termination provision included as a condition of the Variance.
  - c. Changed or Discontinued Use or Development. The use has been suspended or has ceased to exist for a period of one (1) year, or has been changed to another use in connection with which the Variance is not required, or the deviation from the regulation which was authorized by the Variance has ceased to exist for a period of one (1) year.
  - d. Automatically Permitted Condition. Upon a change of zoning classification or of ordinance provisions so as to automatically permit in all respects that which was permitted by Variance.
e. Nonconforming Use Termination. The use is or becomes a nonconforming use and is terminated pursuant to the provisions for termination of nonconforming uses.

If none of the above circumstances transpires, the Variance shall remain in effect indefinitely.

Extension. Upon application by the Variance holder filed with the Director on or before the date of expiration of the Variance, a Variance which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds the termination of the Variance would constitute an undue hardship upon the Variance holder and that the continuation of the Variance would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval is granted in the same manner and based upon the same criteria as for the issuance of a new Variance.

(Ord. 19-1904 § 5)