Chapter 18.50
VARIANCES AND SPECIAL EXCEPTIONS

Sections:

18.50.010    Purpose.

18.50.020    Procedures.

18.50.030    Criteria for granting a variance.

18.50.040    Criteria for granting a special exception.

18.50.050    Conditions.

18.50.060    Prohibited uses.

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 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. 1694 § 1, 1995)

18.50.050 Conditions.

In authorizing the variance or special exception, the hearing examiner 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. 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)