Chapter 17.72 — VARIANCES

When it is found in a particular situation that practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of the zoning code will result from the strict application of area, height, coverage, or space requirements or the regulations pertaining to nonconforming uses, a variance in such regulations may be granted as provided in this section.

(Ord. 1228 §2(Ch. 49, Art. 1), 1983)

Application for a variance shall be made in writing on a form provided by the planning commission and shall be accompanied by a filing fee, as prescribed by resolution of the board of supervisors, payable to the county, and by statements, plans and other evidence showing:

A.

That, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

That the applicant will accept such conditions to the granting of the variance requested as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

C.

That a hardship peculiar to the property and 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; further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

D.

That the granting of the variance will not be materially detrimental to the public health, safety, or welfare or will not impair an adequate supply of light and air to adjacent property;

E.

That either the variance is so insignificant that granting it will not be incompatible with the county general plan or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual hardship which would be relieved by granting the variance.

(Ord. 1228 §2(Ch. 49, Art. 2), 1983)

Public hearings shall be held by the planning commission on all proper applications for variances, and notices thereof shall be given in the manner provided in Section 17.70.030.

(Ord. 1228 §2(Ch. 49, Art. 3), 1983)

Following the public hearing, the planning commission shall grant a variance only if, from the facts presented with the application or at the public hearing or as determined by investigation, a written finding of facts is made showing the qualifications under Section 17.72.020 apply to the land, building or use for which variance is sought.

(Ord. 1228 §2(Ch. 49, Art. 4), 1983)

In any case where the conditions to the granting of a variance have not been or are not being complied with, the board shall give notice to the grantee of intention to revoke such variance and shall give notice of

a public hearing to be held on the matter in the manner provided in Section 17.70.030.

(Ord. 1228 §2(Ch. 49, Art. 5), 1983)

17.72.060 - Appeal.

A.

Appeal from any findings or action of the planning commission on a variance application may be made in writing to the board within ten days of such action.

B.

Following a public hearing, notice of which shall be given in the manner provided in Section 17.70.030, the board may confirm, modify or reverse the action of the planning commission, basing such action on findings as provided in Section 17.72.020.

(Ord. 1228 §2(Ch. 49, Art. 6), 1983)

Chapter 17.74 - NONCONFORMING USES

Sections:

17.74.010 - Generally.

The lawful use of land existing at the time of the passage of the zoning code, although such use does not conform to the provisions thereof, may be continued. If any nonconforming use is abandoned or is discontinued for a period of six months or more, subsequent use of said land shall be in conformity with the provisions of the zoning code.

(Ord. 1228 §2(Ch. 50(part)), 1983)

17.74.020 - When structural alterations are made.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(Ord. 1228 §2(Ch. 50(part)), 1983)

17.74.030 - Enlargement, extension, reconstruction or structural alterations of existing building.

No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of the zoning code, for the district in which such building or premises is located, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted under the regulations specified in the zoning code for such district in which said building is located; provided, however, that authorized maintenance shall be permitted not exceeding a total amount, during a period of five years, of fifty percent of the assessed value of the building according to the assessment thereof by the assessor.

(Ord. 1228 §2(Ch. 50(part)), 1983)