Chapter 17.76
VARIANCES

Sections:

17.76.010    Intent.

17.76.020    Requirements for a variance.

17.76.030    Repealed.

17.76.040    Initiation of a variance request.

17.76.050    Public hearing.

17.76.060    Conditions.

17.76.070    Commission decision.

17.76.080    Record of variances.

17.76.090    Repealed.

17.76.100    Right of appeal.

17.76.010 Intent.

It is recognized that there are special cases where:

A. Owing to governmental action; or

B. Unusual physical features of a particular property,

strict application of the zoning regulations would render the property unusable or create unreasonable hardship. Variances are intended to allow a relaxation of the terms of this title in such cases. (Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.020 Requirements for a variance.

In order to grant a variance, the commission must find that each of the following requirements has been met:

A. That there are unusual circumstances applying to the property that do not apply generally to other properties in the same vicinity and that the problem of the applicant is not the result of his own action;

B. That strict interpretation of this title would deprive the applicant of the rights commonly enjoyed by other properties in the same district under the terms of this title;

C. That the authorization of the variance will not be injurious to nearby property nor harmful to the public welfare;

D. That the granting of the variance will be in harmony with the objectives of this title and of the comprehensive plans;

E. That the application is due to unusual lot shape, topographic condition or governmental action or regulations which render the property unusable; and

F. That the granting of the variance will not permit a land use in a district in which that use is prohibited. (Ord. 15-016 § 3, 2015; Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.030 Cases where variance is illegal.

Repealed by Ord. 15-016. (Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.040 Initiation of a variance request.

A. A request for a variance may be initiated by the property owner or authorized agent.

B. Application for a variance shall be by a written request addressed to the zoning administrator and shall include:

1. The legal description of the property involved;

2. The ordinance sections for which the variance is requested;

3. The reasons for the variance;

4. Any plans or documents pertinent to the request; and

5. A nonrefundable fee established in the current, adopted budget, payable to the city. (Ord. 09-002 § 3, 2009; Ord. 07-029 § 32, 2007; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.050 Public hearing.

The commission shall hold a public hearing within 60 days after the submission of a variance request. The zoning administrator shall give notice of the public hearing in the manner described in PMC 17.80.030. (Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.060 Conditions.

In granting a variance, the commission may prescribe conditions and safeguards to assure conformity with the purposes of this title. (Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.070 Commission decision.

The commission shall render a decision on the application for the variance within 30 calendar days from the date of the public hearing. (Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.080 Record of variances.

The city zoning administrator shall keep a record of all variances. (Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.090 Termination of variances.

Repealed by Ord. 09-002. (Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)

17.76.100 Right of appeal.

The commission’s decision may be appealed pursuant to Chapter 17.98 PMC. Right of appeal is forfeited unless a written appeal is delivered to the clerk within 20 days of the commission’s decision. (Ord. 09-002 § 3, 2009; Ord. 07-021 § 3, 2007; Ord. 454 § 4, 1992)