Lake County Municipal Code Art. LII Variances (CA)

Sec. 21-52. - Variances.¶

52.2 Applicability:¶

(a) The provisions of this section shall apply to all zone districts.

(b) In no case shall a variance be granted to permit a use or activity which is not otherwise permitted in the district in which the property is located.

(c) Variances may only be granted from the regulations on land, buildings, and structures, and no variance may be granted from the procedural regulations of this Chapter.

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52.3 Application: Application for a variance shall be made in writing by the owner of…¶

52.4 Public hearing and notice:¶

(a) A public hearing shall be held on any application for a variance.

(b) The review authority for variances shall be the Planning Commission.

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52.5 Findings required for approval:¶

The review authority may only approve or conditionally approve a variance if all of the following findings are made:

(a) That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the development standards of this Chapter are found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;

(b) That any variance granted is subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situate; and

(c) That the granting of the variance is in accordance with the intent of this Chapter, is consistent with the General Plan and will not be detrimental to the public safety, health and welfare, or injurious to other properties in the vicinity.

(d) In no case shall a variance be approved for any use that is otherwise not permitted in the zoning district that the project is located in.

(e) In no case shall a variance be approved to further reduce the size of any lot or parcel that is less than the minimum size of the zone it is located in.

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52.6 Permit issuance and appeal period: Variances shall not be issued until seven (7)…¶

52.7 Appeals: A decision of the Planning Commission on a variance application may be…¶

52.8 Reapplication: Reapplication for denied variances shall be as provided in Article 60.¶

52.9 Expiration: All variances shall have an expiration period(s) as provided in Article 60.¶

52.10 Revocation and Modification: Variances may be revoked or modified as provided in Article 60.¶

Sec. 21-51.20. - Variance from Parking Requirements.¶

52.21 Parking variance: Notwithstanding any other provision of this article, a variance…¶

(a) The variance will be an incentive to, and a benefit for, the non-residential development.

(b) The variance will facilitate access to the non-residential development by patrons of public transit facilities, particularly guideway facilities.

(Ord. No. 1749, 7-7-1988)

Exceptions & meaning →