Chapter 15.24 — VARIANCES

Sections:

The Sierra County Code is current through Ordinance 1146, passed June 2, 2026.

Page 133 of 141

Title 15 Zoning | Sierra County Code

Variances may be granted to vary or modify the strict application of any of the provisions of this title in cases in which there are practical difficulties and unnecessary hardships, so long as the variance does not have the effect of changing the land use district of the subject parcel. (Ord. 409, eff. 7/5/73; Prior code § 86216(A))

Any person requesting a variance shall file an application with the Planning Department. Such application shall include:

• A. Provisions of this title from which the property or building is sought to be excepted;

• B. A legal description of the property involved;

• C. Ground plans showing the location of all existing and proposed buildings on the premises and within 50 feet thereof;

D. Elevations of all proposed buildings, alterations, or improvements in sufficient detail to meet all requirements;

E. Statement of the intent of the applicant to proceed with actual construction within nine months of filing of the application. (Ord. 409, eff. 7/5/73; Prior code § 86216B(1))

The applicant shall present adequate evidence showing:

A. That there are special circumstances or conditions applying to the subject property which make compliance with this title difficult and a cause of hardship to and abridgment of a property right of the owner of said property.

The Sierra County Code is current through Ordinance 1146, passed June 2, 2026.

Page 134 of 141

Title 15 Zoning | Sierra County Code

B. That such circumstances or conditions do not apply generally to other properties in the same land use district.

C. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant.

D. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety and general welfare. (Ord. 409, eff. 7/5/73; Prior code § 86216B(2))

The Planning Director shall investigate each application to assure that the proposal in each application is consistent with the intent and purpose of this title. (Ord. 409, eff. 7/5/73; Prior code § 86216C(1))

The Planning Director, at his discretion, or the Planning Commission, at its discretion, may grant or deny minor modification in lot area, lot width, yard, sign and parking requirements, if undue hardship is shown. Such modification shall be limited to deviations not to exceed 10 percent of lot area, 20 percent of lot width, 20 percent of required yard area, the front yard setback for a private garage, 20 percent of sign face area, or 10 percent of offstreet parking requirements. All such decisions of the Planning Director shall be in writing and filed in his office with copies submitted to the Building Inspector, the Planning Commission and the applicant. Such decisions of the Planning Director or the Planning Commission may be granted without public hearing. (Ord. 409, eff. 7/5/73; Prior code § 86216C(2))

The Planning Director shall:

• A. Schedule a Planning Commission hearing;

• B. Provide notice of the time, place and purpose of the hearing as required by state law. (Ord. 979, eff. 10/19/06; Ord. 409, eff. 7/5/73; Prior code § 86216C(3))

The Planning Commission may hear facts from any person appearing and may consider written communications relative to the application. The Planning Commission shall, within 40 days from the close of hearing, return its

The Sierra County Code is current through Ordinance 1146, passed June 2, 2026.

Page 135 of 141

Title 15 Zoning | Sierra County Code

decision unless an extension is granted by the Planning Commission for good cause or with the mutual consent of the applicant. The Planning Commission findings in granting a variance shall include the following determinations:

A. There are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district.

• B. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant.

C. The granting of such application will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 409, eff. 7/ 5/73; Prior code § 86216D)

All variances shall carry the following conditions:

• A. Commencement of work within nine months and completion within 18 months;

• B. Subject to review by the Planning Commission in two years. (Ord. 409, eff. 7/5/73; Prior code § 86216D)

Repealed by Ord. 628.

The Sierra County Code is current through Ordinance 1146, passed June 2, 2026.

Page 136 of 141

Title 15 Zoning | Sierra County Code