Sec. 20-33. - Authorized.

The planning commission shall have the authority to grant variances from the terms of this article or any additions or amendments thereto, in order to prevent or lessen practical difficulties and unnecessary hardships or results inconsistent with the objectives and purposes of this article as would occur through a strict or literal interpretation and enforcement of the provisions hereof.

(Ord. No. 259, § 11, 10-9-62)

Sec. 20-34. - Application; hearing; review.

(a)

The application for variance shall be filed with the county planning department and shall be accompanied by a fee fixed by resolution of the board in an amount sufficient to cover the cost of processing the application as provided in this article. The application for variance shall be made on a form prescribed by the planning commission which shall include the following data:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address or description of the property.

(4)

Statement of the precise nature of the variance requested and the practical difficulty or unnecessary hardship or result inconsistent with the objectives and purposes of this article which would occur through a strict or literal interpretation and enforcement of this article, together with any other data pertinent to the findings prerequisite to the granting of a variance as set forth in section 20-35

(b)

The application shall also be accompanied by an accurate scale drawing of the site showing all existing and proposed locations of streets, property lines, uses, buildings, structures, or other improvements, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

(c)

The planning department shall give notice to the applicant of the time when the application will be considered and the planning department may give notice of the time to any other interested party.

(d)

The planning department shall make an investigation of the application and shall prepare a report thereon which shall be sent to the applicant. The application together with a copy of the aforesaid report shall be referred to the planning commission within 21 days from the date of application.

(e)

The planning commission may, if it so determines, hold a public hearing for the purpose of considering an application for a variance.

(f)

Notice of a public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest tax roll of the county who own property which is within or abuts the specific plan lines from which a variance is being requested. The notice shall be titled as follows: "NOTICE OF PROPOSED VARIANCE FROM THE SPECIFIC PLAN FOR ____________ BETWEEN ____________ AND ____________", and shall set forth the nature of the proposed change, a description and location of the property under consideration, and the time and place at which a public hearing on the variance will be held. Notice is required to be given only to property owners whose property is within 300 feet measured from the property upon which a variance proceeding has been initiated.

(g)

At the public hearing the planning commission shall review the application, the report of the planning department, the statements and drawings submitted therewith, and shall receive relevant evidence concerning the variance, particularly with respect to the findings set forth in section 20-35

(h)

Within five days after the date of the action of the board, the secretary of the planning commission shall transmit to the clerk of the board one copy of the variance application together with the plans and all other data filed therewith, the minutes of the public hearing, if any, the findings of the planning commission and its decision. In addition the planning commission may transmit to the board a report setting forth the facts and circumstances of the case.

(i)

The clerk of the board shall give notice of the time and place when the decision of the planning commission will be reviewed by the board. Notice will be given in the same manner as provided in section 20-38 for notice of hearing on appeal, except that where the review is of a decision of the planning commission concerning the revocation of a variance, notice shall be required to be given only to the holder of the variance.

(Ord. No. 259, § 11, 10-9-62)

Sec. 20-35. - Findings required.

The planning commission may grant a variance from the terms of this article, or any additions or amendments thereto, if on the basis of the application, report of planning department, statements and drawings and the evidence submitted, the planning commission makes the following findings:

(1)

That there are exceptional or extraordinary circumstances or conditions applicable to the property upon which the proposed building, structure or other improvement is sought to be erected, constructed, altered, replaced, reconstructed, located or installed.

(2)

That the granting of the application for variance is necessary for the preservation and enjoyment of substantial property rights.

(3)

That the granting of the application for variance will not be detrimental to the public health, safety or welfare and will not adversely affect existing adopted specific plans or general plans of the county and will not be materially injurious to properties or improvements in the vicinity.

(4)

That the granting of the variance will not constitute a grant of special privilege.

(Ord. No. 259, § 12, 10-9-62)

Sec. 20-36. - Conditions.

Upon the granting of a variance under the provisions of this article, the planning commission shall designate such conditions in connection therewith which will in the opinion of the planning commission, result in the variance causing the minimum possible interference with the purposes of this article and with the ultimate accomplishment of the objectives of the aforesaid specific plan lines.

(Ord. No. 259, § 13, 10-9-62)

Sec. 20-37. - Granting or denying.

The planning commission may grant or deny an application for variance and shall record its action by formal resolution. A variance may be granted for a limited time period. Within three days following the date of the decision of the planning commission, the planning department shall give written notice of the decision, by mail, to the applicant and the board.

A variance which has been granted by the planning commission shall become effective upon the expiration of ten days following the date on which the variance was granted unless an appeal has been filed with the clerk of the board, or unless the board has initiated proceedings to review the decision of the planning commission, all as provided herein.

(Ord. No. 259, § 14, 10-9-62)

Sec. 20-38. - Appeal of commission decision.

(a)

Within ten days following the date of a decision of the planning commission on an application for variance or an application for renewal of a variance, the decision may be appealed to the board by the applicant or any other interested party.

(b)

An appeal shall be filed with the clerk of the board, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the planning commission or wherein the decision is not supported by the evidence in the record.

(c)

Within five days after the filing of an appeal from a decision of the planning commission on an application for a variance, the planning department shall transmit to the clerk of the board, the variance application, the scale drawing of the site and all other data filed therewith, the minutes of the public hearing, if a public hearing was held, the report of the planning department, the findings of the planning commission and its decision on the application for variance.

(d)

Where an appeal is from a decision of the planning commission on an application for a renewal of a variance, the planning department shall transmit to the clerk of the board within five days after the filing of an appeal, in addition to the above, the application for renewal, the report of the planning department on the renewal application, the findings and decision of the planning commission on said renewal application.

(e)

Notice of the hearing of the appeal shall be given by the clerk of the board not less than ten days prior to the time when the appeal will be considered by the board, by mailing, postage prepaid, a notice of the time and place of the hearing, to the applicant and to the appellant (if the applicant is not the appellant) and to all persons whose names appear on the latest adopted tax roll of the county who own property which is within or abuts the precise plan lines from which a variance is being requested and which is within 300 feet of the boundaries of the property upon which said variance proceedings has been initiated.

(Ord. No. 259, § 15, 10-9-62)

Sec. 20-39. - Review by board on own initiative.

Within ten days following the date of a decision by the planning commission on an application for variance, or an application for renewal of variance, or on the revocation of a variance, on its own motion, the board may initiate proceedings to review the decision of the planning commission.

(Ord. No. 259, § 16, 10-9-62)

Sec. 20-40. - Appeal procedure generally.

(a)

Within five days after the filing of an appeal, the planning department shall transmit to the county clerk the variance application, the minutes of the public hearing on the variance application, if a public hearing was held, the report of the planning department, the findings and decision of the planning commission on the variance application, the report of the planning department on the failure of appellant to comply with the condition or conditions of the variance, the minutes of the hearing on the matter of the revocation, the findings and decision of the planning commission on the matter of the revocation of the variance.

(b)

Notice of the hearing of the appeal shall be given by the clerk of the board not less than ten days prior to the time when the appeal will be considered by the board, by mailing, postage prepaid, a notice of the time and place of the hearing, to the appellant.

(Ord. No. 259, § 16, 10-9-62)

Sec. 20-41. - Decision of board.

(a)

When a decision of the planning commission on an application for variance, or an application for renewal of variance or on the revocation of a variance is brought before the board either on appeal or on its own motion, the board may affirm, reverse or modify the decision of the planning commission, provided if a decision denying a variance or denying a renewal of variance is reversed, or a decision granting a variance or a decision granting a renewal of variance is modified, the board shall, on the basis of the record transmitted by the planning department and on the basis of such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed and set forth in section 20-35

(b)

A variance or renewal of variance which has been the subject of an appeal to the board or which has been the subject of review by the board shall become effective three days following the date on which the variance or renewal of variance is granted and approved by the board.

(c)

The revocation of a variance which has been the subject of an appeal to the board of supervisors or which has been the subject of review by the board shall become effective three days following the decision of the board to revoke the variance.

(d)

The clerk of the board shall within three days following the date of the decision of the board, give written notice of the decision, by mail, to the applicant and/or the appellant (if the applicant is not the appellant) and to the planning commission.

(Ord. No. 259, § 17, 10-9-62)

Sec. 20-42. - Lapse or expiration.

A variance which has been granted shall automatically lapse or expire and become null and void one year following the date on which such variance became effective, unless prior to the expiration of one year following such effective date a building permit is obtained from the county building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application.

(Ord. No. 259, § 18, 10-9-62)

Sec. 20-43. - Renewal.

(a)

A variance which has been granted may be renewed for one additional period of one year provided that prior to the expiration of one year from the date when the variance originally became effective, an application for renewal of a variance shall be filed and processed in the manner set forth in section 20-34 which governs the filing and processing of applications for variances.

(b)

The planning commission may grant an application for renewal of a variance if it is able to make the findings prerequisite to the granting of a variance as prescribed and set forth in section 20-35. The application for renewal shall be denied if such findings cannot be made.

(c)

Within ten days following the date of a decision of the planning commission on an application for renewal, the decision may be appealed to the board. If no appeal is filed within said ten-day period and if the board within said ten-day period does not initiate proceedings to review the decision of the planning commission as provided herein, the decision of the planning commission shall be final and conclusive.

(Ord. No. 259, § 19, 10-9-62)

Sec. 20-44. - Revocation—Causes; procedure.

(a)

A variance granted subject to a condition or conditions shall be revoked by the planning commission if the condition or any one of the conditions are not complied with.

(b)

When the condition or any one of the conditions of a variance have not been complied with, the planning department shall notify the holder of the variance and shall give said person a reasonable period of time within which to comply with said condition or conditions. If the holder of the variance fails to comply with the condition or conditions within such period of time, the planning department shall submit a report of the matter to the planning commission and the planning commission on its own motion shall give written notice to the holder of the variance that a hearing will be held by the planning commission for the purpose of revoking the variance.

(c)

Notice of said hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by either personal service of a copy of said notice on the holder of the variance or by sending a copy of said notice by certified mail or registered mail, return receipt requested, to said holder of the variance. The notice shall state the reasons action is being taken for the purpose of revoking the variance.

(d)

At said hearing the planning commission shall receive all relevant testimony concerning the variance and the condition or conditions which were imposed. If the planning commission finds that the condition or any one of the conditions imposed have not been complied with, the variance shall be revoked.

(Ord. No. 259, § 20, 10-9-62)

Sec. 20-45. - Same—Appeals.

(a)

If the variance is revoked by the planning commission, the holder of the variance may within ten days following the date of the decision of the planning commission, appeal the decision to the board. If no appeal is filed within said ten-day period as provided herein, and if the board within said ten-day period does not initiate proceedings to review the decision of the planning commission as provided in sections 20-39 and 20-40, the decision of the planning commission shall be final and conclusive.

(b)

The appeal shall be filed with the clerk of the board and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the planning commission or wherein the decision is not supported by the evidence in the record.

(Ord. No. 259, § 20, 10-9-62)

Sec. 20-46. - Same—New application.

Following the denial of an application for a variance or the revocation of a variance for failure to comply with the condition or conditions on which the variance was originally granted, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year after the date of the denial of the variance application or the revocation of the variance.

(Ord. No. 259, § 21, 10-9-62)

Secs. 20-47—20-56. - Reserved.