Chapter 17.149
VARIANCES
Sections:
17.149.030 Submittal requirements.
17.149.050 Time limit of approval.
17.149.010 Purpose.
A variance to any development standard contained in this title other than density and lot area may be granted when practical difficulties, unnecessary hardship or results inconsistent with the general purposes of this title would result from the literal enforcement of its requirements. The sole purpose of any variance shall be to prevent such difficulties, hardship or results, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone except when necessary to avoid such difficulties, hardship or results. (Ord. 15-04 § 35 (part), 2015: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)
17.149.020 Approval process.
A. Type I Variance. A Type I variance is one that results in the modification of up to twenty percent of a numerical development standard that shall be subject to a Type I procedure, pursuant to Chapter 17.200 BGMC, subject to the approval criteria contained in BGMC 17.149.040.
B. Type II Variance. A Type II variance is one that results in the modification of a numerical development standard by more than twenty percent that shall be subject to a Type II procedure, pursuant to Chapter 17.200 BGMC, subject to the approval criteria contained in BGMC 17.149.040.
C. Type III Variance. A Type III variance is required when the variance request involves or impacts property within the city’s shoreline jurisdiction, as per the city’s adopted shoreline master plan. This Type III process is set forth in Chapter 17.200 BGMC as well as the city’s adopted shoreline master plan. (Ord. 15-04 § 35 (part), 2015: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 98-023 (part), 1998; Ord. 95-769 § 5 (part), 1995)
17.149.030 Submittal requirements.
A. An applicant for a variance shall submit the required fee, as contained in the current BGMC fee schedule, a completed application form provided for that purpose by the planning director and copies of the information required in subsection B of this section.
B. Required Information.
1. Narrative statement describing the requested variance(s) and demonstration of compliance to the appropriate approval criteria contained in BGMC 17.149.040.
2. A site plan drawn to scale showing the arrangement of the proposed development, and accurate representation of the size and shape of the parcel(s) including easements of any kind, all dimensions and parcel orientation. Include appropriate scale and north arrow.
3. Locations, dimensions and height of all existing and proposed buildings and structures, including garages, carports, fences, decks, patio covers and other accessory structures. Include dimensions from each other and from all property lines. Show dimension of eaves projecting beyond a wall or supporting post. Indicate usage of all structures.
4. Elevation of site at two-foot contour intervals for grades zero to ten percent and at five-foot contour intervals for grades greater than ten percent.
5. Existing and proposed curbs, sidewalks and curb-cuts. Indicate center line of street(s).
6. Location and detailed layout of off-street parking and loading areas.
7. Location of unstable ground, including high seasonal water table, impermeable soils, areas having a severe soil erosion potential, areas having severely weak foundation soils, significant historical, cultural or archaeological resources, significant wildlife habitat, and rock outcroppings. Note if none of these apply.
8. Certified mailing list (Type II only). Current Clark County assessor map(s) showing the property(ies) within a five-hundred-foot radius of the site and two sets of mailing labels with the names and addresses of owners of all properties with the five-hundred-foot radius.
9. Include one eight-and-one-half-inch by eleven-inch reduced plan. (Ord. 15-04 § 35 (part), 2015: Ord. 04-024 § 51, 2004: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)
17.149.040 Approval criteria.
A. Type I Variance. The planning director may grant a Type I variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district.
2. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in subsection (A)(1) of this section.
3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located.
B. Type II Variance. The planning director may grant a Type II variance upon demonstration by the applicant of compliance with all of the following criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant as is possessed by the owners of other properties in the same vicinity or district;
3. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in subsection (B)(1) of this section;
4. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located;
5. Any impacts resulting from the variance are mitigated to the extent practicable; and
6. If more than one variance is being requested, the cumulative effect of the variances results in a project that is still consistent with the overall purpose of the underlying zoning district.
C. Type III Variance. The hearing examiner may grant a Type III variance for applications within the city’s shoreline jurisdiction upon satisfying the criteria adopted in the city’s shoreline master plan. (Ord. 15-04 § 35 (part), 2015: Ord. 04-024 § 52, 2004: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)
17.149.050 Time limit of approval.
A. Time Limit. Authorization of a variance shall be void after five years, unless a building permit has been issued and substantial construction has taken place. Subdivision variances shall be valid for the term of the preliminary plat.
B. Extension. Upon written request by the applicant and payment of the required fee, the planning director may extend the authorization for a maximum of one year. (Ord. 15-04 § 35 (part), 2015: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)