Dorris Municipal Code § 18.36.010 Variances

Sections:

• 18.36.010
• Variances.
• 18.36.020
• Application.
• 18.36.030
• Public hearing.
• 18.36.040
• Action by city council.
• 18.36.050
• Revocation of variances.

The city council may approve variances from the terms of this title only when, because of special circumstances applicable to the prop- erty, including size, shape, topography, loca- tion or surroundings, the strict application of this title deprives such property of privileges enjoyed by the other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjust- ment 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. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise authorized by the zone district governing the parcel of property. (Ord. 210 § 3 (Exh. A) (part), 2007)

Application for a variance shall be made to the city council in writing on a form prescribed by the city council, and shall be accompanied by a detailed statement justifying a variance and plans and elevations necessary to show the detail of the proposed variance. Such applica- tion shall be accompanied by a fee set by the city council. (Ord. 210 § 3 (Exh. A) (part), 2007)

A public hearing by the city council shall be held within forty-five (45) days after the filing of the application for the variance; provided, that compliance with the California Environ- mental Quality Act has been completed. Notice of the hearing shall be given in the manner set forth in Section 18.30.010. (Ord. 210 § 3 (Exh. A) (part), 2007)

In order to grant any variance, the findings of the city council shall be: A. Because of special circumstances appli- cable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifica- tion. B. 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. C. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. D. The variance is not for a use not permit- ted in the relevant zone district. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. The city may move to revoke an approved variance if not used within one year from the date of approval, or in the event the

179-60 (Revised 8-11) 179-60 (Revised 8-11) use for which the variance is approved is aban- doned or not utilized for a period of one year. B. Any variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such variance are violated or if any law or ordinance is vio- lated in connection therewith, or if the city council finds that the continuance of the vari- ance will endanger the public health, safety or welfare. C. The city council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing. (Ord. 210 § 3 (Exh. A) (part), 2007)

179-61 (Revised 8-11) 179-61 (Revised 8-11)