Chapter 17.160
PROCEDURES FOR VARIANCES, ADMINISTRATIVE APPROVALS, SPECIAL USES, AND APPEALS

Sections:

17.160.010    Variances.

17.160.020    Special use permits.

17.160.030    Special use criteria.

17.160.040    Revisions to special use permits.

17.160.050    Administrative approval uses.

17.160.060    Appeals.

17.160.070    Fees.

17.160.080    Date of expiration.

17.160.010 Variances.

(1) The hearing examiner shall have authority to grant a variance from the provisions of this title when, in the opinion of the hearing examiner, the conditions set forth in LCC 17.160.010(2) herein have been found to exist. In such cases, a variance may be granted which is in harmony with the general purpose and intent of this title so that the spirit of this title shall be observed; provided that no variance shall be granted which authorizes a use which is not permitted by the underlying zoning.

(2) Before any variance may be granted, it shall be shown that the following circumstances are found to apply:

(a) That any variance granted shall not constitute a grant of special privilege, be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for pecuniary reasons alone.

(b) Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surrounding, the strict application of this title is found to cause a hardship and deprive the subject property of a reasonable use or improvement generally allowed in the zone classification. Aesthetic considerations or design preferences without reference to restrictions based upon the physical characteristics of the property do not constitute sufficient hardship under this section.

(c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity. [Ord. 1179, 2002; Ord. 1170B, 2000]

17.160.020 Special use permits.

Upon application, the hearing examiner may grant special use permits for such uses as set forth in this ordinance. Special use permits shall run with the land and be binding on all parties with an interest in the land to which the permit attaches. [Ord. 1170B, 2000]

17.160.030 Special use criteria.

Before approving an application for a special use permit, the hearing examiner shall ensure that any specific standards of the use district defining the special use are fulfilled, and shall find adequate evidence showing that the proposed special use at the proposed location:

(1) Will be harmonious and in accordance with the general and specific objectives of the Lewis County comprehensive plan and zoning regulations.

(2) Will be adequately served by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and waste disposal, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

(3) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

(4) Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare, or odors.

(5) Will have vehicular approaches to the property designed as to not create an interference with traffic on surrounding public streets.

(6) Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of major importance. [Ord. 1170B, 2000]

17.160.040 Revisions to special use permits.

The hearing examiner may approve revisions to special use permits; provided that the proposed changes are within the scope and intent of the original permit. “Within the scope and intent of the original permit” shall means the following:

(1) Lot coverage and height may be increased a maximum of 10 percent from the provisions of the original permit; provided that revisions involving new structures not shown on the original site plan shall require a new permit; and provided further that any revisions authorized under this paragraph shall not exceed height, lot coverage, setback, or any other requirements of the regulations for the area in which the project is located.

(2) Landscaping may be added to a project without necessitating an application for a new permit; provided that the landscaping is consistent with conditions (if any) attached to the original permit and is consistent with the regulations for the area in which the project is located.

(3) The use authorized pursuant to the original permit is not changed.

(4) No additional over-water construction will be involved for shoreline conditional use permits.

(5) No substantial increase in adverse environmental impacts will be caused by the project revision. [Ord. 1170B, 2000]

17.160.050 Administrative approval uses.

(1) Home occupation.

(a) No more than two persons, other than family residing on the premises, shall be engaged in such occupation.

(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, nonilluminated and mounted on the property; except day care facilities with 10 children or less may use yard areas for recreation.

(d) No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this ordinance and shall not be located in a required front yard.

(e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lots, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises.

(2) Temporary second dwelling.

(a) A temporary second dwelling unit of no more than 1,248 square feet in area, in the form of a manufactured home, a fully serviced travel trailer or motor home, to provide:

(i) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders or disabilities, or risks of such disorders or disabilities, require daily supervision and care where such care is provided by members of the family who reside on the property; or

(ii) A temporary dwelling space for a person providing care for the resident owner of the subject property when said owner needs daily supervision and care as described in (a) above.

(b) Approval Requirements: Administrative approval for temporary second dwelling units shall be approved if it is determined that the proposal meets the following requirements:

(i) Temporary second dwelling units shall only be permitted on fully serviced parcels on which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements.

(ii) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (i) above.

(iii) The temporary home shall also be approved by the Lewis County Health Officer as a medical hardship placement.

(iv) When daily supervision and care is no longer necessary, this approval shall automatically lapse, without further notice, and the temporary home shall be immediately removed or converted to a conforming use.

(v) The permit shall be valid for one year. The permittee may apply for renewal on a yearly basis; provided that supporting documentation from a licensed medical doctor is furnished by the permittee affirming that the circumstances supporting the original permit remain in effect, and that the permit continues to satisfy standards established by the Lewis County Health Officer for medical hardship placements.

(vi) A covenant shall be filed that restricts lease, sale or transfer of the property while the temporary dwelling is in place.

(vii) The use will not be hazardous or disturbing to existing or future neighboring uses.

(viii) Evidence of adequate off-street parking space shall be provided.

(ix) There shall be no occupancy of the temporary dwelling outside the conditions under which the temporary dwelling is permitted pursuant to this section.

(c) Penalties: False statements or false supporting documentation submitted with the application or failure to comply with any of the approval requirements shall be cause for revocation of the permit and may result in criminal prosecution.

(3) Process.

(a) The applicant shall submit an Administrative Approval Use Checklist/Approval Form to the community development department, together with appropriate documentation of compliance with approval requirements, a filing fee, names, addresses, and stamped, addressed envelopes for all property owners within 500 feet of the external boundaries of the subject property or the nearest resident property owner adjacent to the subject property but only within 1500 feet of the project site, and at least three copies of a site plan at an appropriate scale showing locations of property boundaries; locations and sizes of structures, access, and parking areas; locations and types of water and sewer services; and locations and types of structures on adjacent properties.

(b) Upon receipt of application materials per paragraph (1) above, the community development department shall send a notice of the proposal to all owners of property as identified in LCC 17.160.050(3)(a) at least 10 days prior to the decision date. The applicant shall also post public notices of the proposal on all road frontages of the subject property so as to be visible to adjacent property owners and to passing motorists. Said notices shall be provided to the applicant by the community development department and shall remain in place for at least 10 days prior to the decision. An affidavit of posting that shall be signed and returned at least one week prior to the decision shall also be provided at the time of application. Property owners who have been thus notified of the proposal shall have a period of 10 days from the date printed on the mailed notice or 10 days from the posting of notice on the property, whichever is later, within which to submit to the community development department written request for a public hearing. Such request shall document valid grounds for holding a hearing, specifying how the proposal adversely impacts him or her. The community development department shall submit the application to the hearing examiner, who shall hold a public hearing and approve or deny the administrative approval use application. The hearing examiner shall base a decision upon compliance with the criteria established for the proposed use in the appropriate zone district, the requirement of this section, and of 17.160.030. The community development department shall approve or deny all administrative approval use applications that do not require a public hearing.

(c) If the permit is denied, the applicant shall be notified in writing. The grounds for denial and the applicant’s right to appeal shall be set forth in this notification.

(d) Any party of record may appeal the decision. For purposes of administering this section, parties of record shall be defined as the applicant, the owner of the property, any person who has submitted a written response to the proposal, and any person who has testified at a required hearing. Each application for appeal of an administrative approval shall be accompanied by a fee. [Ord. 1170B, 2000]

17.160.060 Appeals.

The hearing examiner shall have the authority to hear and decide, in conformity with this title, appeals from any order, requirements, permit decision, or decision made by an administrative official in the administration or enforcement of this title where more than one interpretation is possible; provided that such appeal shall be filed in writing within fourteen (14) days of the action being appealed. [Ord. 1170B, 2000]

17.160.070 Fees.

Fees for variances, special uses, administrative approval uses, and appeals shall be as set forth in the Lewis County Fee Schedule in Title 18 LCC. [Ord. 1170B, 2000]

17.160.080 Date of expiration.

The hearing examiner shall have the authority to fix a date of expiration for any or all approvals, conditions attached to special use permits, variances, or expansions of nonconforming uses. [Ord. 1170B, 2000]