Chapter 17.85VARIANCES

Sections:

17.85.010
Purpose.
17.85.020
Applicability.
17.85.030
Procedures.
17.85.040
Criteria.
17.85.010Purpose.

This chapter provides for the relief of hardships that may be caused by the strict application of the requirements of this title to properties that have unusual characteristics, through the granting of variances to specific aspects of this title.

(Ord. 1163 § 1 (part), 2001)

17.85.020Applicability.

Variances may be granted to all numerical standards of this title with the exception of lot size and density.

(Ord. 1163 § 1 (part), 2001)

17.85.030Procedures.

Variances shall be considered as Type I, II or III applications based on the extent of the variance

A. Variances of less than two percent of any required standard shall be considered diminimus and will not require a separate application for a variance and will be reviewed along with the underlying application.

B. Variances of between two and ten percent of any required standard shall be processed as a Type II application.

C. Variances of greater than ten percent of any required standard shall be processed as a Type III application.

(Ord. 1163 § 1 (part), 2001)

17.85.040Criteria.

The review authority may grant a variance only in those cases where findings are made that all of the following conditions and criteria are met:

A. There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or district. Such conditions may include topography, unique natural conditions, surroundings and size or unusual shape of the lot.

B. The unusual circumstances or conditions and the strict application of this title cause the loss of a substantial property right possessed by the owners of other properties in the same vicinity or district.

C. The granting of a variance to remedy the hardship will not be detrimental to the public welfare or injurious to properties in the vicinity or district in which the property is located and the variance will be in general keeping with the purpose and intent of this title.

D. The variance approved will be for the least amount that will make possible the legal use of the land, building or structure and will not provide a special privilege inconsistent with the limitations upon use of other properties in the vicinity or use district.

E. The variance will not adversely affect the realization of the comprehensive plan.

F. The need for the variance was not caused by the actions of the applicant or property owner.