San Joaquin County Municipal Code Ch. 9 827M - Variances

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. 3813 (part), 1994)