Sec. 34.01. - Variances.

Where practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of this ordinance may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirements may be granted, as provided in this section, by the planning commission.

(a)

Variance Application and Fee.

1.

Application for a variance shall be made to the city planning department in writing on a form prescribed by the city. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council, statements, plans and other evidence showing:

a.

That, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance provisions deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

b.

That granting of the variance requested 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.

c.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health, or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

2.

A public hearing shall be held within sixty days after a filing of application for a variance, notice of which shall be given by one publication in a newspaper of general circulation published and circulated in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the variance has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case is to be given at least ten days prior to such public hearing.

(b)

Action by the Planning Commission.

1.

Within thirty days after the public hearing the planning commission shall make a finding of facts showing whether the qualifications under Section 34.01 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this ordinance.

2.

After making findings the planning commission shall either approve, with or without conditions, or deny said variance.

(c)

Appeal.

Appeal from any such action of the planning commission may be made in writing to the city council within ten days from the date of the planning commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(d)

Revocation.

1.

In any case where the conditions to granting of a variance have not, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing thereon. After conclusion of the hearing, the commission may revoke such variance.

2.

In any case where a variance has not been used within one year after the date of granting thereof, then without further notice or action by the planning commission, the variance granted shall be null and void.

(e)

Whenever a variance is granted, the county assessor shall be so notified within thirty days of such action.

Article 35. - Nonconforming Uses.