Chapter 18.50
VARIANCES AND SPECIAL EXCEPTIONS
Sections:
18.50.030 Criteria for granting a variance.
18.50.040 Criteria for granting a special exception.
18.50.045 Review and criteria for granting an administrative variance.
18.50.010 Purpose.
It is the purpose of this chapter to authorize upon request in specific cases such variances and special exceptions from the provisions of this title. (Ord. 1694 § 1, 1995)
18.50.020 Procedures.
The consideration of a variance or special exception pursuant to this chapter shall be subject to the procedures established in chapter 18.56 SMC, Land Use Procedures. (Ord. 1694 § 1, 1995)
18.50.030 Criteria for granting a variance.
Variances pursuant to this chapter shall be approved by the hearing examiner only when all the following facts and conditions are found to exist:
A. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the subject property is located; and
B. Because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property, which were not created by the owner or applicant, the strict application of the applicable land use regulations would deprive the property of rights and privileges enjoyed by other properties in the vicinity and in the zone in which the subject property is located; and
C. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; and
D. The authorization of such variance will not adversely affect the implementation of the Sumner comprehensive plan and subsequent regulations; and
E. The literal interpretation and strict application of the applicable land use regulations would cause undue and unnecessary hardship; and
F. The requested variance does not go beyond the minimum necessary to afford relief. (Ord. 1694 § 1, 1995)
18.50.040 Criteria for granting a special exception.
Special exception pursuant to this chapter shall be approved by the hearing examiner only when allowed in the underlying zone and all the following facts and conditions are found to exist in addition to any specific criteria listed in this title:
A. The requested deviation from the code standards is necessary for the successful physical function of the proposed use;
B. Reasonable alternatives which result in reduced or no deviation from the code have been considered;
C. The granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; and
D. The proposed special exception is consistent with the city’s comprehensive plan. (Ord. 2715 § 13, 2019: Ord. 1694 § 1, 1995)
18.50.045 Review and criteria for granting an administrative variance.*
Administrative variances pursuant to this chapter shall be approved by the director only when all the following facts and conditions are found to exist in addition to any specific criteria listed in this title:
A. Building Setbacks, Lot Coverage, Lot Area and Lot Width.
1. Applicability. A deviation from code may be reviewed as an administrative variance if it seeks to adjust the required property development standards by an amount not to exceed 20 percent for building setbacks, lot coverage, lot area and lot width.
2. Applications for administrative variances shall be reviewed in accordance with chapter 18.56 SMC as a Type III.d decision and subject to the provisions of this chapter. The director shall make the final decision unless the application is forwarded to the hearing examiner pursuant to subsection (A)(2)(a)(ii) of this section:
a. Following the public comment period described in chapter 18.56 SMC the director shall:
i. Render a decision following the review of submitted information and public comments received; or
ii. The proposal may be forwarded to the hearing examiner for a public hearing if any of the following are present:
(A) Public comments express a substantial amount of concern, controversy, or opposition to the project; or
(B) The project involves a sensitive or controversial public policy issue; or
(C) A public hearing would allow for issues to be clarified or resolved.
3. Criteria. The director may authorize a variance to the development regulations, subject to compliance with the following criteria:
a. If granted, the variance will not alter the character of the neighborhood, or be detrimental to surrounding properties.
b. The special circumstances and conditions associated with the variance are not a result of the actions of the applicant.
c. Literal interpretations of the development standards would deprive the applicant of rights commonly enjoyed by other properties.
d. Approval of an administrative variance will be consistent with the purpose of this title, the zoning district in which the property is located and the comprehensive plan. (Ord. 2715 § 7, 2019)
*Code reviser’s note: Ordinance 2715 sets out the provisions of this section as Section 18.50.050. The section has been editorially renumbered to prevent duplication of numbering.
18.50.050 Conditions.
In authorizing the variance, administrative variance or special exception, the hearing examiner or director may attach thereto such conditions that are deemed to be necessary or desirable in order to carry out the intent and purposes of this chapter and the public interest. (Ord. 2715 § 8, 2019: Ord. 1694 § 1, 1995)
18.50.060 Prohibited uses.
Under no circumstances shall the hearing examiner grant a variance or special exception to permit a use not otherwise permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title in that zone. (Ord. 1694 § 1, 1995)