§ 1500-25-060. Variance and Minor Variance

A.

Purpose. A Variance or Minor Variance is a discretionary action that enables the County to grant relief from certain standards of this Zoning Code where, because of unique circumstances applicable to the property, the strict application of such standards will deprive the property owner of privileges enjoyed by similar properties in the vicinity and in the same zoning district. A Variance or Minor Variance may be granted to waive or modify any requirement of this Zoning Code except: allowed uses; residential density; specific prohibitions (for example, prohibited signs); or procedural requirements.

B.

Applicability.

1.

Variance. Approval of a Variance is required to approve a deviation from a standard by more than 10 percent.

2.

Minor Variance. Approval of a Minor Variance is required to approve a deviation from a standard by 10 percent or less.

C.

Approving Authority.

1.

Variance. The Planning Commission shall recommend, and the Board of Supervisors shall approve, conditionally approve, or deny an application for a Variance consistent with the requirements of Table 1500-23-1.

2.

Minor Variance. The Director or their designee, shall approve, conditionally approve, or deny an application for a Minor Variance consistent with the requirements of Table 1500-23-1.

3.

Multiple Entitlements. When a Variance or a Minor Variance is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

D.

Required Findings. The Approving Authority shall make all of the following findings to approve a Variance or Minor Variance. The inability to make one or more of the findings is grounds for denial of an application:

1.

Because of special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features), the strict application of the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification;

2.

The Variance or Minor Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district in which the property is located;

3.

The Variance or Minor Variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district governing the property;

4.

The Variance or Minor Variance complies with the General Plan and any applicable specific plan; and

5.

Approval of the Variance or Minor Variance, subject to the recommended conditions of approval, will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

In making the above findings, the Approving Authority may attach conditions of approval to ensure compliance with applicable provisions of the Zoning Code, other County ordinances and requirements, the General Plan, and any applicable specific plan.