Title 18 ZONING*
Chapter 18.106 VARIANCES
18.106.010 Purpose.
18.106.020 Application.
18.106.030 Fee to accompany application.
18.106.040 Statements and plans required.
18.106.050 Action by zoning agency.
18.106.010 Purpose.
Where practical difficulties, unnecessary hardships, and results
inconsistent with the general purpose of this title may result from the strict
application of certain provisions thereof, variances may be granted as provided
in this section. (Ord. 525 § 1(part), 1989).
18.106.020 Application.
Application for variance from any requirement of this title shall be made
in writing on a form prescribed by the zoning agency and shall be submitted to
the zoning administrator. (Ord. 525 § 1(part), 1989).
18.106.030 Fee to accompany application.
Structure location variance applications shall be accompanied by a fee as
specified by the board of supervisors, payable to the zoning agency. Structure
location variances may be granted by the zoning administrator without public
hearing. All other variance applications shall be accompanied by a fee as
specified by the board of supervisors and shall be acted upon by the zoning
agency or the board of supervisors. (Ord. 525 § 1(part), 1989).
18.106.040 Statements and plans required.
The application for variance from any requirement of this title shall
include a statement and plans, drawings, photographs, or other documentary
evidence showing that:
A. There are exceptional or extraordinary
circumstances or conditions applying to the land, building or use referred to in
the application, which circumstances or conditions do not apply generally to
land, buildings, and/or uses in the same zoning district.
B. The granting of
the application is necessary for the preservation and enjoyment of substantial
property rights of the petitioner.
C. The granting of such application will
not, under the circumstances of this particular case, materially affect
adversely the health or safety of persons residing or working in the
neighborhood of the property of the applicant and will not, in the circumstances
of this particular case, be materially detrimental to the public welfare or
injurious to the property or improvements in that neighborhood.
D. The
granting of the variance shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone
in which subject property is situated.
E. Because of special circumstances,
applicable to subject property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance would deprive the
subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classifications. (Ord. 525 § 1(part),
1989).
18.106.050 Action by zoning agency.
The zoning agency may approve the application for variance only if it
determines that the requirements of this title have otherwise been met and that
the statements, plans, drawings, photographs and other documentary evidence do
in fact show the factors specified in Section 18.106.040. Proceedings to grant a
variance shall be conducted as provided in Sections 18.108.050 through
18.108.100. (Ord. 525 § 1(part), 1989).
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