Mountain House Municipal Code § 9-8-1201 Intent

It is the intent of this Chapter to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Variances may be accepted in all zones, unless otherwise specified.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Variances may be initiated by the property owner or the owner's authorized agent. Applications shall be filed with the Community Development Department. A request for a Variance shall include a site plan which clearly delineates the location and extent of the regulation to be varied. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Variance applications shall be reviewed by the Planning Commission using the Public Hearing Review Procedure in Chapter 5 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a variance, the Review Authority shall find that all of the following are true:

(a) Special Circumstances. Because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(b) No Special Privileges. The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;

(c) Use Authorized. The variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property; and

(d) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)