Morro Bay Municipal Code Ch. 17.44 Variances (ip)

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. No. 662, § 2, 12-13-23)

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

(Ord. No. 662, § 2, 12-13-23)

The planning commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter. A variance sought for any CDP shall be processed pursuant to the CDP application requirements specified in Chapter 17.39.

(Ord. No. 662, § 2, 12-13-23)

Applications for a variance shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 17.36, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 17.44.070, Required Findings.

(Ord. No. 662, § 2, 12-13-23)

An application for a variance shall require public notice pursuant to Section 17.36.060, Public Notice.

(Ord. No. 662, § 2, 12-13-23)

An application for a variance shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

(Ord. No. 662, § 2, 12-13-23)

The review authority must make all of the following findings in order to approve or conditionally approve a variance application. The inability to make one or more of the findings is grounds for denial of an application.

A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning district, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone district;

B. The granting of the variance is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C. The granting of the variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D. The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the general plan.

(Ord. No. 662, § 2, 12-13-23)

In approving a variance, the planning commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.44.070, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

A. Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 17.36.130, Appeals.

B. Expiration, Extensions and Revision. Variances are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C. Revocation. Approval of a variance may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)