Chapter 19.44
VARIANCES
Sections:
19.44.040 Performance agreement.
19.44.010 Purpose.
A variance is an authorized departure from a dimensional standard contained in this title. Variances are intended to allow controlled exceptions to the requirements of this title when strict administration of dimensional standards for development will result in an unnecessary hardship to the property owner arising from circumstances inherent in the property to be developed. Use variances shall not be permitted. [2005 RLDC § 44.010.]
19.44.020 Review procedure.
Requests for variances shall be processed using quasi-judicial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 44.020.]
19.44.030 Review criteria.
Applications for variances shall comply with the following criteria:
A. The reason for the variance arises from one or more special conditions or circumstances related to the property to be developed, such as lot size or shape, topography, the location of existing structures or facilities, vegetation, the presence of development restrictions (wildlife habitat, wetlands, special setbacks, etc.) or hazardous conditions (erosion, fire, flooding, etc.), or some other similar condition or circumstance.
B. Strict adherence to the development standard(s) will result in a hardship to the property owner by substantially preventing or denying a development option contemplated by the applicable zoning district. The hardship shall not be self-imposed, but adverse economic or financial consequences may be used to support the hardship as long as the consequences result from a condition in the land, as described in subsection (A) of this section.
C. The approved variance will result in the minimum departure from the development standard(s) needed to alleviate the hardship.
D. The location, size, design and use of the proposed structure or facility will not result in a significant impact(s) on the neighborhood that cannot be reasonably mitigated through the imposition of special conditions of approval by the Review Body. [2005 RLDC § 44.030.]
19.44.040 Performance agreement.
The Director or Hearing Body shall require a performance agreement pursuant to Chapter 19.14 JCC for improvements which are to be completed after the issuance of the development permit. [2005 RLDC § 44.040.]