SECTIONS 65910-65912 - California Statutes

GOVERNMENT CODE

SECTION 65910-65912

65910. Every city and county by December 31, 1973, shall prepare
and adopt an open-space zoning ordinance consistent with the local
open-space plan adopted pursuant to Article 10.5 (commencing with
Section 65560) of Chapter 3 of this title.

65911. Variances from the terms of an open-space 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 the zoning
ordinance deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will
assure 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
situated.
This section shall be literally and strictly interpreted and
enforced so as to protect the interest of the public in the orderly
growth and development of cities and counties and in the preservation
and conservation of open-space lands.

65912. The Legislature hereby finds and declares that this article
is not intended, and shall not be construed, as authorizing the city
or the county to exercise its power to adopt, amend or repeal an
open-space zoning ordinance in a manner which will take or damage
private property for public use without the payment of just
compensation therefor. This section is not intended to increase or
decrease the rights of any owner of property under the Constitution
of the State of California or of the United States.