Part 2 — VARIANCES

The purpose of this part is to allow variation from the strict application of the terms of this title where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property, or by reason of exceptional size, shape, topographic conditions, or other extraordinary situation or condition of such piece of property, or because of the use or development of lands immediately adjoining such property, the literal enforcement of the requirements of this title would involve practical difficulties or would cause undue hardship, which are unnecessary to carry out the intent and purpose of this title. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 11, 1994: Ord. 85-05 § 1 (part), 1985).

In no case shall a variance be granted to permit a use or a density other than a use or density permitted in the district in which the property in question is situated. Nonconforming uses of neighboring lands, structures, or buildings in the same district or other districts shall not be considered grounds for issuance of a variance. (Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

A public hearing shall be held by the zoning administrator unless variance is accompanied by application which must be heard by a higher body in which case the higher hearing body

(zoning board or city council) shall conduct a public hearing.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

A variance shall be granted only when all of the following conditions are found:

1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations, are not hardships justifying a variance.

2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors.

3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purpose and intent of this title or the public interest, nor adversely affect the General Plan. (Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

No grant of a variance shall be authorized if the zoning administrator finds that the condition or situation of the specific piece of property, or the intended use of said property for which the variance is sought, or one or the other in combination, is so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation. (Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered only on its individual merits.

24-35

(Supp. No. 20 – 4/24/2008)

24.08.200

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).