Chapter 9.80 — Variances

Sections:

• 9.80.010 Purpose

• 9.80.020 Applicability

• 9.80.030 Review Authority

• 9.80.040 Application Requirements

• 9.80.050 Findings and Decisions

• 9.80.060 Precedents

• 9.80.070 Conditions of Approval

• 9.80.080 Post Decision Procedures

A. Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zone, relief from the development standards may be secured by the granting of a variance from those standards.

B. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this Chapter.

C. Under no circumstances will a variance from permitted or conditionally permitted uses be considered or granted. [18.106.010]

The Commission may approve a Variance that allows for any adjustment from any of the development standards required by this Zoning Code, and only after first making the findings specified in Section 9.80.050 (Findings and Decision).

A. The Commission shall approve or deny Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 9.80.050 (Findings and Decision).

B. The Commission may approve Variances in compliance with Chapter 9.80 and State law.

Tehachapi Zoning Code | October 2014 Adopted | 9-41

Chapter 9.80 Variances

A. Filing

B. Notice, Hearings, and Appeals

1. An application for a Variance shall be filed and processed in compliance with Chapter 9.10 (Application Processing Procedures).

2. The application shall include the information and materials specified in the Department handout for Variance applications, together with the required fee.

3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.80.050 (Findings and Decision).

1. Variances – public hearing required. A public hearing shall be required for the Commission’s decision on a Variance application.

• a) Scheduling hearing. The public hearing shall be scheduled once the Director has determined the application complete.

• b) Giving notice . Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 10.40 (Public Hearings).

• c) Appeals. The Commission’s decision is appealable to the Council in compliance with Chapter 10.20 (Appeals).

The review authority may approve or conditionally approve an application for a Variance if it finds all of the following:

A. Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings, such that the strict application of this Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and in the same zone.

B. The granting of the variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

C. The granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. [18.106.040]

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not admissible evidence for the approval of a new Variance.

A. Any variance granted may include such terms and conditions as deemed necessary or appropriate to ensure that the approval would be in compliance with the findings required by Section 9.80.050 (Findings and Decision). If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.

B. If the development for which a variance has been approved pursuant to Chapter 9.80 has not com-

menced, or permits for each development have not been issued, within one year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the review authority, upon the written request for an extension before the expiration of the one year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

9-42 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 9.80 Variances

C. All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Chapter 10.20 (Appeals). [18.106.050]

The procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, and Extensions), and those related to Appeals (Chapter 10.20) and Modifications and Revocations (Chapter 9.100) shall apply following the decision on a Variance application. [18.106.060]

Tehachapi Zoning Code | October 2014 Adopted | 9-43

This page intentionally left blank

9-44 | Adopted October 2014 | Tehachapi Zoning Code