(a) The purpose of a Variance is to allow variation from the strict application of the provisions of this chapter where special circumstances pertaining to the physical characteristics and location of the site are such that the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause hardship and would not carry out the spirit and purposes of this chapter and the provisions of the General Plan.
(b) Applications for Variances shall be filed by the owner or his authorized agent in the office of the Planning, Public Works and Environmental Services Department, on forms provided by the Department, accompanied by a fee, a Site or Plot Plan, and any other drawings or information as may be required to fully describe the request, as set forth in Section 8-2.209. No application may be filed which proposes any Variance which is not consistent with the General Plan of the County, as amended. The rejection of applications on the basis of inconsistency may be appealed as provided in Section 8-2.225 of this chapter.
(c) The Planning Commission or Zoning Administrator shall hold a public hearing on the requested Variance, notice of which shall be given by mail as provided in Section 8-2.211. The Planning Commission or Zoning Administrator may approve, conditionally approve, or disapprove an application for a Variance. The Planning Commission shall act on applications for Major Variance, as that term is defined in this title, and the Zoning Administrator shall have the discretion to act on applications for a Minor Variance, as that term is defined in this title, or send the Minor Variance application to the Planning Commission.
(d) If the Planning Commission or Zoning Administrator approves a Variance application, it may attach such Conditions of Approval, including standard and specific design, development, and performance requirements, infrastructure requirements, standard time limitations, guarantees, amortization schedules, assurances, and requirements, as may be necessary to accomplish the objectives set forth in this chapter and the requirements of the General Plan. The Planning Commission and Zoning Administrator may impose such Conditions of Approval as are necessary to allow the findings set forth in this subsection to be made and may require the applicant to execute and record documents which insure that such conditions run with the land.
(e) The Planning Commission or Zoning Administrator shall grant a Variance only when, in accordance with the provision of Section 65906 of the California Government Code, all of the following circumstances are found to apply:
(1) That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;
(2) That, because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classification;
(3) That the Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property, excluding uses allowed by conditional Use Permit; and
(4) That the granting of such Variance will be in harmony with the general purpose and intent of this chapter and will be in conformity with the Master Plan.
(f) In the event the conditions of a Variance have not been, or are not being, complied with, the Planning, Public Works and Environmental Services Department shall give the permittee notice of intention to revoke such Variance at least ten (10) days prior to a Planning Commission review thereon. After the conclusion of the review, the Planning Commission may revoke such Variance.
(g) In the event the project or use for which the Variance was granted has not commenced within the time limit set by the Planning Commission or the Zoning Administrator, or within one (1) year after the date of the hearing if no specific time has been set, and an extension of time has not been approved by the Planning Commission or the Zoning Administrator according to Section 8-2.216(f), the Variance shall be deemed to be null and void without further action.
(h) The decision of the Planning Commission or the Zoning Administrator shall take effect, and appeals thereof made and considered, in the manner provided in Section 8-2.225.
(i) No Variance which has been approved by the Planning Commission or Zoning Administrator shall become valid prior to the expiration of the appeal period, as set forth in Section 8-2.225, or the final action on an appeal to the Board of Supervisors.
(Ord. 1445, eff. August 14, 2014)