Chapter 12.08.20

Variances may be granted in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this Part. A practical difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity. A variance shall not be granted to permit a use not permitted in the zone district by this Part. All variances are to be processed as set forth below.

Application for a variance shall be made to the City in writing on a form prescribed by the City. Said application shall be accompanied by a fee set by resolution adopted by the City Council.

A public hearing and a 10-calendar day notice thereof shall be required on an application for a variance in the manner specified in the California Government Code.

Approval or conditional approval of a variance shall be granted only when the City Council makes the following findings:

• A. Due to special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

• B. The adjustment authorized by the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The City Council shall impose such conditions as will assure continued compliance with this finding.

• C. The variance does not authorize a use or activity, which is not otherwise expressly authorized by the zone district regulation governing the parcel of real property.

127

Loyalton City Zoning Ordinance No. 424

After denial of any variance application, reapplication for the same request shall not be accepted for filing within 6 months after the effective date of the denial.

• A. Whenever in the opinion of the City Council the conditions of any variance issued have not been complied with, the City Council shall give the property owner and lessee of the subject property a 10-calendar day written notice to comply.

• B. If, at the end of the 10-calendar day period, the property owner and lessee still fail to comply with the conditions of approval of the variance, the City Council shall immediately set a hearing before the City Council to determine why the variance should not be revoked/modified. Notice of the hearing shall only be mailed to the property owner and lessee of the subject property involved 10 calendar days prior to the hearing. The notice shall state the violations and shall request appearance of the owner and lessee at the time and place specified for the hearing to show cause why the variance should not be revoked or modified. At the conclusion of the hearing, if the City Council determines that any condition of the variance has not been complied with, the City Council shall have the right to revoke or modify the variance. Such revocation or modification shall be subject to the right of appeal in the same manner as set forth in Chapter 12.08.24.

128

Loyalton City Zoning Ordinance No. 424