Highlighted below: 4 of 5 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

CHAPTER 20 - ZONING ORDINANCE#

TABLE OF CONTENTS#

Chapter	Title
20.004	General
20.008	Definitions
20.012	Use Classifications
20.016	Residential Use Types
20.020	Civic Use Types
20.024	Commercial Use Types
20.028	Industrial Use Types
20.032	Agricultural Use Types
20.036	Extractive Use Types
20.040	Establishment of Zoning Districts
20.044	"S-R" Suburban Residential District
20.048	"R-R" Rural Residential District
20.052	"A-G" Agricultural District
20.056	U-R Upland Residential District
20.060	R-L Rangeland District
20.064	F-L Forest Land District
20.068	TPZ Timberland Production Zoning District
20.072	R-1 Single-Family Residential District
20.076	R-2 Two-Family Residential District
20.080	R-3 Multiple-Family Residential District
20.084	R-C Rural Community District
20.085	MU-2 General Mixed Use District
20.086	MUNS Mixed Use North State District
20.087	MUBST Mixed Use Brush Street Triangle District
20.088	C-1 Limited Commercial District
20.092	C-2 General Commercial District
20.096	I-1 Limited Industrial District
20.100	I-2 General Industrial District
20.102	P-I Pinoleville Industrial District
20.104	O-S Open Space District
20.108	P-F Public Facilities District
20.112	Reserved
20.114	"AZ" Airport Zone Combining District
20.116	"C" Cluster Combining District
20.118	"CA" Cannabis Accommodation Combining District
20.119	"CP" Commercial Cannabis Prohibition Combining District
20.120	Reserved
20.124	"IS" Isolated Service Combining District
20.128	Reserved
20.132	"L" Special Minimum Lot Size Combining District
20.134	"MP" Mineral Processing Combining District
20.136	PD Planned Development Combining District
20.138	"P" Plan Combining District
20.140	Reserved
20.144	"SS" Seismic Study Combining District
20.146	"R" Commercial Resort Combining District
20.147	Community Character Combining District
20.148	Reserved
20.152	General Provisions and Exceptions Districts
20.156	Home Occupations
20.160	Cottage Industries
20.164	Accessory Use Regulations
20.166	Accessory Dwelling Units and Junior Accessory Dwelling Units
20.168	Temporary Use Regulations
20.170	Moveable Tiny Homes
20.172	Mobile Homes and Mobile Home Parks
20.176	Recreational Vehicle Parks and Campgrounds
20.180	Off-Street Parking
20.184	Sign Regulations
20.188	Development Review
20.190	Administration
20.192	Administrative Permits
20.196	Use Permits
20.200	Variances
20.204	Nonconforming Uses and Structures
20.206	Reserved
20.208	Appeals
20.212	Amendments to the General Plan, Specific Plan, Zoning Code, and Zoning Map
20.216	Enforcement, Legal Procedure and Penalties
20.220	Reserved
20.224	Reserved
20.228	Reserved
20.232	Development Review Process for Brooktrails Township
20.234	Affordable Housing and Density Bonuses
20.236	Towers and Antennas
20.238	Reserved
20.239	Requests for Reasonable Accommodations Under the Fair Housing Acts
20.240	Development Review Within the Brush Street Triangle
20.242	Cannabis Cultivation Sites
20.243	Cannabis Facilities

APPENDICES#

Appendix	Title
A	Industrial Uses Which Normally Will Not Require Development Review
B	Industrial Uses Which Require Environmental Review
C	Exterior Noise Limit Standards

CHAPTER 20.200 - VARIANCES#

Editor's note: Ord. No. 4538, § 52(Exh. A), adopted September 10, 2024, repealed Ch. 20.200 and enacted a new Ch. 20.200 as set out herein and as may later be amended. Former Ch. 20.200 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987.

Sec. 20.200.005 - Declaration.#

A variance is an exception from zone restrictions that is granted by the Planning Commission upon application which permits the development of real property to vary to a specified extent from area height, yard or space requirements when strict and literal interpretation of the provisions of this chapter create practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Division. Variances shall not be granted to authorize uses or activities which are not otherwise expressly authorized by the zone regulations governing the property.

The sole purpose of any variance shall be to prevent discrimination and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the vicinity and zone.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.010 - Original Jurisdiction.#

The original jurisdiction shall be exercised over variances as follows:

(A) Concurrent Application. When an application for granting or modifying a variance is submitted concurrently with an application for a use permit, variance, General Plan amendment or zone reclassification related to the same property, the administrative permit shall be under the jurisdiction of the officer or body having jurisdiction over the use permit, variance, General Plan amendment or zone reclassification, and shall be reviewed and decided concurrently with such other application.

(B) Regular Variance. All other variances shall be designated as regular variances and applications for their granting or modification shall be under the jurisdiction of the Planning Commission.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.015 - Application and Fee.#

Applications for a variance or modification thereof shall be filed with the Department upon such forms and accompanied by such plans and data as may be prescribed by the Department so as to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.020 - Findings#

Before any variance may be granted or modified it shall be shown:

(A) That there are special circumstances applicable to the property involved, including size, shape, topography, location, or surrounding;

(B) That such special circumstances or conditions are not due to any action of the applicant subsequent to the application of the zoning regulations contained in the Division;

(C) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question.

(D) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located;

(E) That the granting of such variance will not adversely affect the General Plan.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.025 - Decision and Notice.#

(A) Action. Upon completion of review and evaluation of an application for a variance, the Planning Commission shall hold a public hearing and shall either:

(1) Make all of the findings specified in Section 20.200.020 and any or other determination as is required by the pertinent sections of this Division and approve the application. The variance may be granted for the full dimensions and extent, or any portion thereof, as requested by the applicant.

(2) Notify the applicant of the changes and modifications required for approval of the application; or

(3) Deny the variance. The Planning Commission shall deny the variance if:

(a) The variance cannot be conditioned by adequate requirements to ensure compliance with applicable regulations; or

(b) The application for the variance cannot reasonably be modified to conform to the applicable requirements; or

(B) Time Period for Review and Approval. Review and approval of variances shall be governed by the provisions of the Permit Streamlining Act (Government Code Section 65920 et seq.), as it may be amended from time to time.

(C) Public Hearing and Notice. A public hearing shall be held and noticed pursuant to the provisions of Section 20.190.010.

(D) Notice of Decision. The decision to approve or deny an application for a variance shall be provided to the applicant in writing. The notice of decision shall include:

(1) The decision regarding the variance and the date of the decision.

(2) Any conditions of approval.

(3) The deadline for the public or the applicant to file an appeal of the decision, which shall as provided in Chapter 20.208 (Appeals).

(E) Effective Date. The decision to approve or deny an application for a variance shall be final when the deadline for the filing of an appeal by the public or applicant has expired without the filing of an appeal.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.030 - Conditional Variance.#

Any variance granted may be subject to such conditions or restrictions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located and ensure that the project's operation will allow all of the findings for approval to be made. The Planning Commission may also require such reasonable guarantees and evidence to ensure compliance with the terms and conditions. Conditions of approval may also require that specific actions take place by specified deadlines. Noncompliance with conditions of approval may result in revocation of a variance as provided in this Chapter.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.035 - Appeal.#

The decision made pursuant to Sections 20.200.025 (Decision and Notice) or 20.200.055 (Revocation or Modification) may be appealed as provided in Chapter 20.208 (Appeals).

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.040 - Expiration.#

Each valid unrevoked and unexpired variance shall expire and become null and void at the expiration of two (2) years after granting except where construction and or use of the property in reliance on such variance has commenced prior to its expiration.§

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.045 - Application for Extension.#

If prior to expiration of the variance pursuant to Section 20.200.040, the applicant files a written application for extension, the period within which construction or use of the property in reliance on the variance must be commenced may be extended by order of the Zoning Administrator at any time within ninety (90) days after the date of expiration as originally established.§ An application for such an extension shall be made on the prescribed form and shall be filed with the Department. The period within which construction and/or use of the property in reliance on the variance must be commenced may be extended subject to conditions, as provided by Section 20.200.030. Decisions of the Zoning Administrator may be appealed as provided by Chapter 20.208 (Appeals).

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.050 - Revocation or Modification.#

A variance may be revoked or modified as provided by the provisions of Section 20.190.015.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.055 - Discontinuance.#

Each variance granted pursuant to these provisions shall expire and become null and void at the expiration of one (1) year after the purpose for which it was granted has been discontinued or abandoned.§

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.060 - Reapplication.#

No application for a variance which has been denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless specific permission to do so has been granted as follows:

(A) Denial by the Planning Commission. If the Planning Commission has denied the variance, permission to reapply may be granted by the Planning Commission or the Board of Supervisors.

(B) Denial by the Board of Supervisors. If the Board of Supervisors has denied the variance, permission to reapply may be granted by the Board of Supervisors.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.065 - Nuisance.#

The granting or modification of any variance to these provisions shall not authorize or legalize the maintenance of any private or public nuisance.

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

Sec. 20.200.070 - Notice to Assessor.#

Whenever a variance is granted with respect to any property, the Department shall, within thirty (30) days, notify the County Assessor.§

(Ord. No. 4538, § 52(Exh. A), 9-10-2024)

CHAPTER 20.200 - VARIANCES#

Footnotes: --- (48) ---

Editor's note— Ord. No. 4538, § 52(Exh. A), adopted September 10, 2024, repealed Ch. 20.200 and enacted a new Ch. 20.200 as set out herein and as may later be amended. Former Ch. 20.200 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987.