§ 22.194

The variance is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Title 22, develop through the strict literal interpretation and enforcement of such provisions.

(Ord. 2019-0004 § 1, 2019.)

A variance may be granted to permit modification of the following where mandated by this Title 22:

A.

Building line setbacks, yards, open space, and buffer areas.

B.

Height, lot coverage, density, and bulk regulations.

C.

Off-street parking spaces, maneuvering areas and driveway width, and paving standards.

D.

Landscaping requirements.

E.

Wall, fencing, and screening requirements.

F.

Street and highway dedication and improvement standards.

G.

Lot area and width requirements.

H.

Operating conditions such as hours or days of operation, number of employees, and equipment limitations.

I.

Sign regulations other than outdoor advertising.

J.

Distance-separation requirements.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the variance Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of Division 1 (Water) of Title 20 of the County Code, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings, and structures and will not comply with the provisions of Section 22.194.050 (Findings and Decision).

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

Because of special circumstances or exceptional characteristics applicable to the property, the strict application of the County Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2.

The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

3.

Strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards.

4.

Such adjustment will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity.

(Ord. 2019-0004 § 1, 2019.)

A.

The Commission or Hearing Officer may impose conditions to ensure that the approval will be in accordance with the findings required by Section 22.194.050 (Findings and Decision). Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including those specified in Section 22.158.060 (Conditions of Approval).

B.

The application may be approved contingent upon compliance with applicable provisions of other ordinances any other federal, State, or County requirements.

(Ord. 2019-0004 § 1, 2019.)

22.194.070 - All Zone Regulations Apply Unless Variance is Granted.

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.196 - YARD MODIFICATIONS