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§ 85.17.030 Procedures.
   Each application shall be reviewed by the Director to ensure that the proposal complies with this Chapter, and all other applicable requirements of this Development Code.
   (a)   Procedure. Staff review with notice.
   (b)   Review Authority. Director.
   (c)   Notice. Before a decision on a Variance, the County shall provide notice in compliance with § 85.03.080 (Notice of Pending Land Use Decisions).
      (1)   Notice. The notice shall state that the Director will decide whether to approve or disapprove the Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. The request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings identified in § 85.17.060 [Findings and Decision], below).
      (2)   If Hearing Is Requested. If a public hearing is requested, the Director shall schedule the hearing, which shall be noticed and conducted in compliance with Chapter 86.07 (Public Hearings).
      (3)   If No Hearing Is Requested. If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subdivision (c)(1) above.
(Ord. 4011, passed - -2007)
§ 85.17.040 Minor Variances.
   (a)   Types of Minor Variances Allowed. The Director may grant a Minor Variance to reduce any of the following requirements of this Development Code up to the maximum specified in the Table 85-5 (Types of Minor Variances Allowed), below.
Table 85-5
Types of Minor Variances Allowed
Types of Minor Variances Allowed*
Maximum Variance
Table 85-5
Types of Minor Variances Allowed
Types of Minor Variances Allowed*
Maximum Variance
1
Area requirements. Excluding parcel area requirements.
30 percent
2
Distance between structures. Up to 40 percent, but no closer than 6 feet.
40 percent
3
Fence or wall heights. Up to 30 percent, but no higher than 6 feet in the front or street side yard setback.
30 percent
4
Floor width requirements. Of the single-family residential design standards.
20 percent
5
Gross floor area requirements.
10 percent
6
Height requirements. Except that any height adjustment not exceeding two feet in total height shall also be considered a Minor Variance.
30 percent
7
Off-street parking requirements.
30 percent
   Parking and loading space requirements, not to exceed two spaces.
   Parking area/lot improvements.
8
Overlay District requirements. Of the standards identified in the overlay districts.
30 percent
9
Setback requirements.
   a.    Front setbacks. But no closer to the nearest property line than 15 feet in the valley and desert areas and 10 feet in the mountain region.
40 percent
   b.    Side setbacks. But no closer than three feet from the nearest property line, except in a Fire Safety Overlay District in which case no closer than five feet.
40 percent
   c.   Rear setbacks. But no closer than 10 feet from the nearest property line.
30 percent
10
Sign requirements.
   a.   Sign area limitations.
10 percent
   b.   Sign height and setback limitations.
30 percent
   c.   Sign number limitations: Not to exceed four signs.
100 percent
Notes:
(*)   Administrative criteria for Minor Variances for these structures shall be established by the Building Official. Those proposals that do not meet the criteria shall be submitted to the Department of Public Works, with the appropriate fee, for road safety evaluation. Architectural design and construction materials shall be compatible with the visual setting of the surrounding area. Variances to the requirements of § 83.02.030 regarding “clear sight triangles” shall not be evaluated with a Minor Variances.
 
   (b)   Major Variances. Any request for a Variance, other than a Minor Variance, shall be termed a Major Variance.
   (c)   Referral to the Commission. The Director may choose to refer any Variance application to the Commission for hearing and final action.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009)
§ 85.17.050 Application Requirements.
   An application for a Variance (Major or Minor) shall be prepared, filed, and processed in compliance with Chapter 85.03 (Application Procedures). The application shall include the information and materials specified in the Department handout for Variances. It is the responsibility of the applicant to provide evidence in support of the findings required by § 85.17.060 (Findings and Decision), below.
(Ord. 4011, passed - -2007)
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