Mammoth Lakes Municipal Code Ch. 17.72 Variances

The purpose of this chapter is to allow for variances from the development standards of this chapter only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning district.

(Code 1990, § 17.72.010; Ord. No. 14-02, § 4, 3-19-2014)

The Commission may grant a variance from the requirements of this chapter. The power to grant variances does not extend to use regulations, density regulations, specific prohibitions, or procedural requirements.

(Code 1990, § 17.72.020; Ord. No. 14-02, § 4, 3-19-2014)

(a) Filing. An application for a variance shall be made to the Community and Economic Development Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.72.040.

(b) Notice and public hearing. After a variance application is deemed complete, the Director shall prepare a report to be submitted to the Commission and made available to the applicant. The Commission shall conduct a public hearing on an application for a variance. Public hearings shall be conducted in compliance with Chapter 17.120. Notice of public hearings shall be given in compliance with State law.

(Code 1990, § 17.72.030; Ord. No. 14-02, § 4, 3-19-2014)

The Commission shall approve, conditionally approve, or deny a variance application. The Commission's decision shall be recorded in writing with the findings upon which the decision is based, in compliance with Government Code § 65906. The Commission may approve a variance application, with or without conditions, only after all of the following findings are made:

(1) There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning district;

(2) The approval of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone;

(3) Granting the variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;

(4) Granting the variance would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

(5) The variance is consistent with the general plan and any applicable specific plan;

(6) The variance is the minimum departure from the requirements of this chapter necessary to grant relief to the applicant, consistent with Subsections (1) and (2) of this section; and

(7) The approval of the variance is in compliance with the requirements of the California Environmental Quality Act, Public Resources Code § 21000 et seq.

(Code 1990, § 17.72.040; Ord. No. 14-02, § 4, 3-19-2014)

In approving a variance, the Commission may impose conditions of approval to ensure that the project will comply with the findings required by Section 17.72.040.

(Code 1990, § 17.72.050; Ord. No. 14-02, § 4, 3-19-2014)

The procedures and requirements in Chapter 17.64, Chapter 17.100, and Chapter 17.124, shall apply following a decision on a variance.

(Code 1990, § 17.72.060; Ord. No. 14-02, § 4, 3-19-2014)