Chapter 14.110


14.110.010    Procedure.

14.110.010 Procedure.

A. Unless otherwise specified in this code, a variance is a Type 3 permit. The purpose of variances is, under certain circumstances as set forth in the variance criteria, to grant flexibility in the administration of any the provisions of this development code, BLMC Titles 16 through 19; provided, that a variance cannot be granted from:

1. Administrative provisions including procedures and fees;

2. The lists of permitted or conditional uses pertaining to zoning districts;

3. The maximum residential density pertaining to zoning districts;

4. The provisions of Chapter 16.04 BLMC, SEPA.

B. See the following for exceptions or additions to the approval criteria contained in this section:

1. BLMC 16.20.145 (critical areas code);

2. BLMC 16.58.050 (shoreline variances);

3. BLMC 18.32.050 (adult entertainment separation requirements);

4. BLMC 18.34.050(F) (height of water tanks in the PF zone).

C. Unless another section of the BLMC provides additional or separate criteria, a variance shall not be granted unless all the following criteria are met:

1. The variance is consistent with the purpose and intent of the relevant city ordinances and the comprehensive plan;

2. The variance does not constitute a grant of special privilege which would be inconsistent with the permitted uses, or other properties in the vicinity and zone in which the subject property is located;

3. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, and such variance will provide use rights and privileges permitted to other properties in the vicinity, located in the same zone as the subject property and developed under the same land use regulations as the subject property requesting the variance;

4. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated;

5. Alternative development concepts in compliance with the existing code have been evaluated and undue hardship would result if such adherence to code provision is required;

6. The variance granted is the minimum necessary to accommodate the permitted uses proposed by the application; and

7. The basis for the variance request is not the result of deliberate actions of the applicant or property owner. (Amended during September 2017 update; Ord. 1505 § 10, 2015; Ord. 1325 § 4, 2009; Ord. 988 § 2, 2003).