Solano County Zoning Code § 28.107 Variance

• A. Authority of Planning Commission . The Planning Commission shall have the power to grant variances from terms of this Chapter; except that, in no case shall a variance be granted to allow a use of land or buildings not permitted in the district in which the subject property is located.

• B. Conditions . Variances from the terms of this Chapter may be granted only when the following conditions are found:

  1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this Chapter is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications.

  2. Variance granted shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which subject property is situated.

• C. Application . Applications for variances shall be filed by the owner or the owner’s agent with the Department upon such forms and accompanied by such plans and data as may be prescribed by the Zoning Administrator so as to assure the fullest practical presentation of facts for the permanent record. Each application for any variance shall be accompanied by a fee or fees as may be set by the Board of Supervisors by resolution pursuant to Section 11-111 of this code. No part of such fee shall be refundable.

(Revised 3/26)

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Chapter 28

Zoning Regulations

D. Public hearing .

The Planning Commission shall hold a public hearing on a variance permit application.

• E. Public Notice . Notice of the hearing shall be given pursuant to Section 28.04.

• F. Action . The Planning Commission may grant a variance permit, provided the conditions set forth in subdivision (B) of this Section are satisfied. The applicant shall be forthwith notified of the action taken.

• G. Expiration . In any case where a granted variance permit has not been exercised within one year after the date of granting thereof, then without further action by the Zoning Administrator or Planning Commission, the variance granted shall be null and void.

• H. Reapplication . Whenever a variance permit application has been denied for a specific use, no new application covering all or a portion of the property involved in the original application shall be accepted by the Planning Commission for a period of six months from the effective date of the final denial of the original application; provided, that upon a showing of a substantial change of circumstances, the Planning Commission may permit the filing of such new application prior to the expiration of such six-month period.

• I. Appeal . Appeal from the action of the Planning Commission may be made according to the provisions of Section 28.112.

(Ord. No. 1840, §§52, 53)