California Health and Safety Code

§ 42352

HSC § 42352 Effective Jan 1, 1993Div. 26 · Part 4 · Ch. 4 · Art. 2

Statute text

(a)No variance shall be granted unless the hearing board makes all of the following findings:

(1)That the petitioner for a variance is, or will be, in violation of Section 41701 or of any rule, regulation, or order of the district.

(2)That, due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. In making those findings where the petitioner is a public agency, the hearing board shall consider whether or not requiring immediate compliance would impose an unreasonable burden upon an essential public service. For purposes of this paragraph, “essential public service” means a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, or water delivery operation, if owned and operated by a public agency.

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Legislative history

Amended by Stats. 1992, Ch. 1025, Sec. 1. Effective January 1, 1993.