Modoc County Municipal Code Ch. 18.132 Variances

Variances from the terms of any regulation established by this title may be approved as provided in this chapter unless specifically preempted.

(Ord. 236-73 Exh. A(part), 1991)

A. Form and contents: An application for a variance shall be made to the planning department on a form prescribed by the planning director, and shall be accompanied by (1) plans, maps, or other documents, reproducible and drawn to scale, describing the location and details of the proposed variance, (2) statements and evidence verifying the required findings and compliance with this title, (3) written authorization of the property owner, (4) environmental review forms, and (5) fees.

B. Completeness: No application shall be accepted as complete until all fees, the application form and all required information are filed with and accepted as complete by the planning department. Within thirty days after receiving an application the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. The applicant may, within ten days of receiving a notice of deficiency, appeal the determination of the planning department to the planning commission and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given provided in Section 18.140.050.

C. Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

D. Planning director's report: All applications shall be reviewed by the planning director, who may consult with any persons for the purpose of technical review. The report of the planning director, including any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to the hearing on the application.

(Ord. 236-73 Exh. A(part), 1991)

A. Public hearing: The planning commission shall hold a public hearing on each application for a variance as provided in Chapter 18.140 after the application is accepted as complete. Notice of hearing shall be given by the planning director as provided in Section 18.140.050.

B. Action: Following the public hearing, the planning commission may approve, approve subject to conditions, or deny the application for a variance. The approval shall clearly describe the variance, set forth all conditions, and identify which conditions, if any, must be met prior to use of the variance. Any variance granted shall be subject to such conditions as will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations on other property in the vicinity and zone in which the property is located.

C. Findings: No variance shall be granted unless written findings are made affirming the following, in addition to any other findings required by law.

1. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, and as a consequence of these circumstances, the strict application of the zoning regulations deprives the property of privileges enjoyed by other property in the vicinity and under identical zone classification; and

2. The variance will not, under the circumstances of the particular case, adversely affect the health or safety of persons residing or working in the vicinity of the subject property, and will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity of the subject property.

D. Conditions: Any variance granted shall be subject to such conditions as will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations on other property in the vicinity and zone in which the property is located. The granting of any variance may be conditioned upon (1) dedication of land or posting of a bond to guarantee the installation of public improvements which are reasonably related to the use for which the variance is granted, (2) the recording of a document, on a form prescribed by the planning director and approved by county counsel, in the office of the county order, providing notice of the terms or conditions of granting the variance, or (3) security, fees, agreements or assurances deemed necessary to insure compliance with any conditions imposed.

(Ord. 236-73 Exh. A(part), 1991)

Any interested person may appeal the decision of the planning commission as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

A. No building permit, mobilehome installation permit, or other permit issued by the county for which a variance is required shall be issued until the appeal period has expired, or until affirmation of approval on appeal.

B. Executed variance: After the appeal period has expired, or affirmation of approval on appeal, the planning director shall mail the applicant a copy of the executed grant of variance authorizing the applicant to vary from the applied zoning regulations to the extent authorized, provided any precedent conditions imposed by subsection D of Section 18.132.030 or on appeal, have first been met.

(Ord. 236-73 Exh. A(part), 1991)

Every variance expires and is null and void without further action by the county if the activity for which the permit was granted has not been actively and substantially commenced within one year from the date of its approval, or affirmation of approval on appeal, unless an extension of time is granted as provided in this chapter. The planning director has the authority to declare, based on length of time and operation of law, the use permit abandoned, and therefore null and void.

(Ord. 236-73 Exh. A(part), 1991)

In addition to the provisions in this section, the requirements in Sections 18.132.030 through 18.132.050 shall apply to an application for an extension made after the variance is granted.

A. The planning director may extend the time for commencement of the use or activity for an initial one year period if an application for an extension of time is made prior to expiration of the variance, substantiating that circumstances beyond the permittee's control have prevented the permittee from taking sufficient action. An extension granted under this subsection is determined to be an administrative action and does not require public notice and hearing. Within ten days of the decision, the applicant may appeal the decision to the planning commission as provided in Chapter 18.144. Notice shall be given as provided in Section 18.140.060.

B. When the criteria under subsection A is not met or the extension exceeds one year, the planning commission may extend the time for commencement of the use or activity if an application for an extension of time is made to the planning director prior to expiration of the use permit. The commission shall hold a public hearing. Notice of pub-lic hearing shall be given as provided in Section 18.140.050.

C. The decision by the commission relating to the request for an extension of time may be appealed to the board of supervisor as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

Every variance issued under this chapter is revocable as provided in this section.

A. Whenever the planning director, or planning commission, determines that one or more grounds exist for revocation of a variance, the planning commission may pursue the matter by holding a public hearing. Notice of hearing shall be given as provided in Section 18.140.050 for the purpose of revoking the variance. The grounds for revocation include, but are not limited to:

1. Noncompliance with permit conditions.

2. Violation of any law related to the permit.

3. Expansion of the activity that is the subject of the permit without an amendment or new permit.

4. Exercising or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance.

5. False or erroneous information in the record as to a material matter or significant issue regarding the use.

B. The planning commission may revoke or decline to revoke the variance. In lieu of revocation, the commission may amend existing conditions of approval, or impose additional conditions, if the grounds which justify revocation can be corrected or cured by such modifications.

C. The decision of the planning commission in the matter of the revocation of the variance may be appealed to the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

The holder of a variance may surrender it to the planning department at any time and thereafter shall cease to engage in, operate, or maintain the use.

(Ord. 236-73 Exh. A(part), 1991)