A.
These
provisions shall ensure the following:
1.
Variances from the terms of this Zoning Ordinance shall be granted
only when, because of special circumstances applicable to the property,
including size, shape, topography, location or surroundings, the strict
application of this Zoning Ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under identical land
use districts;
2.
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(s) inconsistent with the limitations
upon other properties in the vicinity and land use district in which
such property is situated; and
3.
The power to grant variances does not extend to use regulations.
Flexibility in use regulations is provided in the Conditional Use
Permit provisions of this Zoning Ordinance.
B.
Modifications
from the permissive requirements of the design guidelines are not
subject to a variance.
(Prior code § 159.72.010)
Application for a variance shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees).
(Prior code § 159.72.020)
The Commission may grant a variance from the requirements of
this Zoning Ordinance governing only the following matters:
B.
Permit
the modification of sign regulations; and
C.
Permit
the modification of the number and dimensions of parking area or loading
space requirements.
(Prior code § 159.72.030)
Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals).
(Prior code § 159.72.040)
Following a public hearing, the Commission shall record the
decision in writing and shall recite therein the findings upon which
such decision is based, pursuant to Section 65906 of the Government
Code. The Commission may approve and/or modify an application in whole
or in part, with or without conditions, only if all of the following
findings are made:
A.
That
there are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application
of this Zoning Ordinance deprives such property of privileges enjoyed
by other property in the vicinity and under identical land use district
classification;
B.
That
granting the variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the
same vicinity and land use district and denied to the property for
which the variance is sought:
C.
That
granting the variance will not be materially detrimental to the public
health, safety, or welfare, or injurious to the property or improvements
in such vicinity and land use district in which the property is located;
D.
That
granting the variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and land
use district in which such property is located;
E.
That
granting the variance does not allow a use or activity which is not
otherwise expressly authorized by the regulations governing the subject
parcel; and
F.
That
granting the variance will not be inconsistent with the General Plan.
(Prior code § 159.72.050)
The granting of a prior variance is not admissible evidence
for the granting of a new variance.
(Prior code § 159.72.060)
The burden of proof to establish the evidence in support of the findings, as required by Section 17.140.050, is the responsibility of the applicant.
(Prior code § 159.72.070)
A variance shall be exercised within 1 year from the date of
approval, or the variance shall become null and void.
(Prior code § 159.72.080)
The Commission may, upon an application being filed 30 days
prior to expiration and for good cause, grant a time extension not
to exceed 12 months. Upon granting of an extension, the Commission
shall ensure that the variance complies with all current Zoning Ordinance
provisions.
(Prior code § 159.72.090)
No permit shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final, pursuant to Section 17.104.080 (Effective date).
(Prior code § 159.72.100)
A.
The
Commission may hold a public hearing to revoke or modify a variance
granted pursuant to the provisions of this chapter. Ten days prior
to the public hearing, notice shall be delivered in writing to the
applicant and/or owner of the property for which such variance was
granted. Notice shall be deemed delivered 2 days after being mailed,
first class postage paid, to the owner as shown on the current tax
rolls of the County of Riverside, and/or the project applicant.
B.
A
variance may be revoked or modified by the Commission if any 1 of
the following findings can be made:
1.
That circumstances have changed so that 1 or more of the findings contained in Section 17.140.050 can no longer be made, and the grantee has not substantially exercised the rights granted by the variance;
2.
That the variance was obtained by misrepresentation or fraud;
3.
That the improvement authorized pursuant to the variance has ceased
or was suspended for 6 or more consecutive calendar months;
4.
That 1 or more of the conditions of the variance have not been met,
and the grantee has not substantially exercised the rights granted
by the variance;
5.
That the improvement authorized pursuant to the variance is in violation
of any statute, ordinance, law, or regulation; and
6.
That the improvement permitted by the variance is detrimental to
the public health, safety, or welfare or constitutes a nuisance.
(Prior code § 159.72.110)
