Chapter 13.24
CONDITIONAL USES AND VARIANCES

Sections:

13.24.010    Granting – Authority.

13.24.020    Conditional use – Criteria.

13.24.030    Variances – Criteria.

13.24.040    Application – Fee.

13.24.010 Granting – Authority.

After the approval or adoption by the DOE of the master program or segments thereof, conditional uses and variances may be granted by the Bothell hearing body, subject to approval of the department as provided by state law, based upon satisfaction of the criteria set forth in BMC 13.24.020 and 13.24.030. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.24.020 Conditional use – Criteria.

The following conditions shall be met before approval is granted for a conditional use:

A.    There is some necessity for a shoreline site for the proposed use, or that the particular site applied for is essential for this use.

B.    The design of the proposed use will make it compatible with the environment in which it will be placed.

C.    Water, air, noise and other classes of pollution will not be more severe than the pollution that would result from the uses which are permitted in the particular environment.

D.    None of the goals, policy statements or specific aims of the particular environment would be violated, abrogated or ignored.

E.    No other applicable laws or regulations will be violated.

F.    The proposed use will not be contrary to the general intent of the master program. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.24.030 Variances – Criteria.

The following conditions shall be met before approval is granted for a variance:

A.    The applicant shows that he cannot make any reasonable use of the property if he complies with the provisions of the master program. The fact that the applicant might make a greater profit by using the property in a manner contrary to the intent of the program is not a sufficient reason for a variance.

B.    Hardship which serves as a basis for granting of variance is specifically related to the property of the applicant.

C.    Hardship results from the application of the requirements of the act and master program and not from, for example, deed restrictions on the applicant’s own actions.

D.    All of the following criteria shall be met:

1.    There are conditions or circumstances involved with the particular project that make strict application of the master program unnecessary or unreasonable for the applicant’s proposal.

2.    The specific provision or provisions to be relaxed clearly did not foresee or consider the particular situation the applicant is facing.

3.    Granting of the variance(s) will not violate, abrogate or ignore the goals, policies or individual environment purposes spelled out in the master program.

4.    No other applicable regulations will be violated, abrogated or ignored.

5.    The public health, safety and welfare will not be adversely affected.

6.    The proposed project will still be compatible with the surrounding uses, structures and environment. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).

13.24.040 Application – Fee.

Each applicant for a substantial development permit, conditional use permit or variance shall pay to the city, at the time the application is filed, such fees as are set by the city council by resolution. Upon the filing of any shorelines conditional use permit or variance, the director shall transmit to the hearing body the application papers and data constituting the record relating to such property pursuant to the provisions of BMC Title 11. (Ord. 1813 § 1, 2000; Ord. 1630 § 1, 1996).