(A) The Variance procedure is provided pursuant to Cal. Gov’t Code § 65906 to grant relief from Development Code provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. In such case, a Variance may be granted to allow the following:
(1) A reduction or variance in setback regulations; parking; and/or loading requirements; front, side, or rear yard regulations; height regulations; or commercial screening wall requirements;
(2) A change in the required location of accessory buildings and uses;
(3) A reduction or variation in area regulations including limitations in the area covered by accessory buildings; or
(4) A modification or elimination of the utility service undergrounding requirements.
(B) Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this Development Code governing that property. A Variance is not a substitute for a zone change, Development Code text amendment, or Conditional Use Permit.
(C) Financial hardship in and of itself does not represent grounds on which to file a Variance application to gain relief from Development Code provisions.
(Ord. 1104, passed 7-19-04)