Chapter 17.84 — VARIANCES

A request for a variance from the strict application of the terms of this title, other than regulations directly pertaining to the use of land and buildings which are not existing nonconforming uses, may be granted, granted subject to conditions, or denied by the planning commission.

(Ord. 2007-05 § 3 (part))

A.

No variance may be granted unless the planning commission makes a written finding entered in its minutes, and reflected in any resolution of approval, that:

The variance is in conformance with the city of Orland general plan;

There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the same vicinity and zone;

A variance is necessary for the applicant to preserve and enjoy a substantial property right equal to that right possessed by other property owners under like conditions in the same vicinity and zone. The granting of the requested major variance will not be materially detrimental to the public health, safety, convenience and welfare or injurious to the property improvements in the same vicinity and zone in which the property affected is located and will not be contrary to the intent of the city of Orland general plan.

B.

A variance shall not be granted which authorizes a use or activity.

(Ord. 2007-05 § 3 (part))

Application for a variance shall be filed in the office of the city clerk upon a form provided, and shall be accompanied by a filing fee as established by resolution of the city council, and by such other information as may be required to describe fully the proposed variance.

(Ord. 2007-05 § 3 (part))

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the planning commission. Notice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing by prepaid U.S. mail notices to owners of property within three hundred (300) feet of the petitioner's property, using addresses for the last assessment roll, or and by publication once in a newspaper of general circulation in the city and posting such notice in conspicuous places on or close to the property affected.

B.

The notice shall include the date, time, and place of the public hearing, identify the hearing body and give a general explanation of the matter to be considered and a general description of the area affected.

(Ord. 2007-05 § 3 (part))

A.

Any such hearing may be continued from time to time, except that the commission shall act on the matter within sixty (60) days of the original hearing date. Failure to act within such period shall constitute disapproval of the request.

B.

The decision of the planning commission shall become final ten (10) days after the date thereof unless an appeal has been filed during the ten (10) day period in accordance with the provisions of Section 17.92.020.

(Ord. 2007-05 § 3 (part))

In any case where the terms and conditions to the granting of the variance are not being complied with, the planning commission may give notice to the holder of the use permit of its intention to revoke the variance. Proceedings for the revocation of the variance shall be conducted in the same manner as the required proceedings for a new application.

(Ord. 2007-05 § 3 (part))

When a variance is approved, such approval shall become void one year from the date of such approval if substantial progress, such as substantial excavation or substantial construction toward the specified variance has not been made. The holder of such a variance may apply for an extension of such approval as may be granted by the planning director.

(Ord. 2007-05 § 3 (part))

In the public interest and when agreed to by the applicant, the planning director, without public hearing and without publishing or mailing of notices, may consider and render decisions on minor alterations in land use limitations involving a reduction or expansion of not more than fifteen (15) percent of any quantifiable provision of Section 17.04.040.

(Ord. 2007-05 § 3 (part))

A.

The planning director shall analyze each of the criteria listed below applicable to the applicant's property and incorporate such analysis into his/her decision:

The minor alteration in land use does not jeopardize the historical and architectural integrity;

The minor alteration in land use will not jeopardize mature trees;

The minor alteration in land use will not be detrimental to the public health and safety;

The minor alteration in land use will be an expansion of appropriate use for the city of Orland general plan.

B.

The planning director shall render his/her decision and analysis in writing.

(Ord. 2007-05 § 3 (part))

The decision of the planning director shall be final unless the applicant is dissatisfied, in which case the applicant may appeal by following the procedure in Section 17.92.020.

(Ord. 2007-05 § 3 (part))