Chapter 17.26 — VARIANCES

The purpose of this section is to provide flexibility in the application of land use and development regulations necessary to achieve the purposes of this title by establishing procedures for approval or disapproval of variance applications.

(Ord. 796 Att. A(part), 1999)

Application for a variance shall be filed in a manner consistent with the requirements contained in Chapter 17.29 . (Ord. 796 Att. A(part), 1999)

The planning commission may grant a variance from the requirements of this code governing the modification of the dimensional standards involving the distance between structures, lot area, lot coverage, lot dimensions, setbacks, and the number and dimensions of parking area or loading space requirements. Variances to use standards or general plan densities are prohibited by the California Government Code . (Ord. 796 Att. A(part), 1999)

Upon receipt of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Chapter 17.29 .

(Ord. 796 Att. A(part), 1999)

Following the public hearing, the planning commission shall record their decision in writing and shall recite the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

• A. The strict application of this code deprives the property of privileges enjoyed by other properties in the vicinity, and under identical land use district classification, due to special circumstances applicable to the property including size, shape, topography, location, or surroundings;

• B. That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and denied to the property for which the variance is sought;

• C. That granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located;

• D. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located;

• E. That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

• F. That granting the variance will not be inconsistent with the Lakeport general plan. (Ord. 796 Att. A(part), 1999)

The grant of a prior variance is not admissible evidence for the granting of a new variance. (Ord. 796 Att. A(part), 1999)

The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant. (Ord. 796 Att. A(part), 1999)

A variance shall be exercised within one year from the date of approval or the variance shall become null and void. (Ord. 796 Att. A(part), 1999)

The planning commission may, upon an application and for good cause, grant a time extension not to exceed six months. Upon granting of an extension, the commission shall ensure that the variance complies with all current code provisions.

(Ord. 796 Att. A(part), 1999)

The planning commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this chapter. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property of which such variance was granted.

A variance may be revoked or modified by the commission if one of the following findings can be made:

• A. That circumstances have changed so that one or more of the findings contained in Section 17.26.050 can no longer be made and the grantee has not substantially exercised the rights granted by the variance;

• B. That the variance was obtained by misrepresentation or fraud;

• C. That the improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months;

• D. That one or more of the conditions of the variance have not been met and the grantee has not substantially exercised the rights granted by the variance;

• E. That the improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation; and

• F. That the improvement permitted by the variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

• (Ord. 796 Att. A(part), 1999)