Chapter 30.43B
VARIANCES

Sections:

30.43B.010    Purpose and applicability.

30.43B.020    Variance procedure.

30.43B.030    Time limitation of application.

30.43B.100    Decision criteria - variances.

30.43B.110    Transfer of ownership.

30.43B.120    Land use permit binder required.

30.43B.128    Vacation of variance.

30.43B.130    Variance - review or revocation.

30.43B.010 Purpose and applicability.

The purpose of this chapter is to set forth the procedures and decision criteria for reviewing variance applications. A variance is the mechanism by which an adjustment is made to specific regulations being applied to a particular piece of property. This chapter applies to applications for variances to any development standard contained in subtitle 30.2 SCC, chapters 30.31A through 30.31F SCC, chapter 30.34A SCC, chapter 30.42B SCC and chapter 30.42E SCC. A variance shall not permit uses that are prohibited by this title.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-007, Sep. 11, 2013, Eff date Oct. 3, 2013)

30.43B.020 Variance procedure.

(1) The department shall have authority to approve, approve with conditions, or deny applications using a Type 1 process.

(2) Any variance submitted with another application requiring a predecision hearing by the hearing examiner shall be processed concurrently before the hearing examiner as a Type 2 decision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43B.030 Time limitation of application.

An application for a variance shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.43B.100 Decision criteria - variances.

The department may approve or approve with conditions a variance request when the following criteria are met:

(1) There are special circumstances applicable to the subject property or to the intended use, such as size, shape, topography, location or surroundings, that do not apply generally to other properties or classes of use in the same vicinity and zone;

(2) A variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and zone but which because of special circumstances is denied to the property in question;

(3) The granting of the variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity and zone in which the subject property is located; and

(4) The granting of the variance will not adversely affect the comprehensive plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43B.110 Transfer of ownership.

A variance runs with the land and compliance with the conditions of any such permit or variance is the responsibility of the current owner of the property, whether the original applicant or a successor.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43B.120 Land use permit binder required.

The recipient of any variance shall file a land use permit binder on a form provided by the department with the county auditor prior to initiation of any site work; issuance of any development or construction permits by the county; or occupancy or use of the subject property or building thereon for the use or activity authorized. The binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the variance and as a notice to prospective purchasers of the existence of the variance and any conditions of approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.43B.128 Vacation of variance.

(1) Any variance issued pursuant to this chapter may be vacated by the current landowner upon county approval provided the:

(a) the use authorized by the variance does not exist and is not actively being pursued; or

(b) the use has been terminated and no violation of the terms and the conditions of the permit exists.

(2) Landowner request for vacation of a variance shall be conducted in accordance with SCC 30.71.026.

(Added Amended Ord. 05-022, May 11, 2005, Eff date May 28, 2005)

30.43B.130 Variance - review or revocation.

The hearing examiner shall have jurisdiction to review or revoke all variances in accordance with SCC 30.71.027.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013)