Part 5 — Variances

Variances from the terms of this Code may be granted only when application of this Code uniformly for an area more stringently burdens one parcel of land than others without serving the public good. For example, a triangular shaped parcel or parcel crossed by a deep ravine may qualify for a variance from a yard setback because strict application of this Code would make the lot unusable. Such special circumstances are rare. Variances are not granted in mass, or in a manner that leads to

another so that eventually there is a cumulative adverse effect on the zone district. A variance is not to confer special privileges (i.e., it is only to relieve hardship, not to confer benefits) that are not enjoyed by neighboring properties under identical zoning. The hardship being relieved by a variance should not be self-induced (i.e., by the applicant's choice of building design, or the applicant's construction of a building in violation of this Code). A variance shall not be used to attempt to correct or circumvent the requirements of this Code which should be properly corrected through ordinance amendment or zone change.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)

All applications for granting a variance and all actions to revoke a variance shall be heard at a public hearing noticed as provided for by the Code. Following the hearing on an application for granting a variance, the Planning Commission by resolution shall grant the variance subject to specified conditions as may be imposed or shall deny the variance.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)

Before any variance shall be granted, the granting authority shall find that:

• (a) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Code deprives such property of privileges enjoyed by the other property in the vicinity and under identical zoning classifications;

• (b) The granting of the variance is subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant or 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 regulations governing the parcel of property;

• (d) That the granting of the variance would not be contrary to the intent of this chapter or to the public safety, health, and welfare; and

• (e) That granting the variance or its modifications will not be inconsistent with the City of Los Banos general plan.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)