Chapter 17.35


17.35.010    Authorization to grant or deny variances.

17.35.020    Circumstances for granting a variance.

17.35.030    Application for a variance.

17.35.040    Public hearing on a variance.

17.35.050    Notification of decision.

17.35.010 Authorization to grant or deny variances.

The board of adjustment may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance the board of adjustment may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. [Ord. 1138 § 1, 1992. Code 1966 § 17.08.010.]

17.35.020 Circumstances for granting a variance.

No variance shall be granted unless it can be shown that all of the following circumstances exist:

(1) Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography or other circumstances over which the applicant has no control;

(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity;

(3) The authorization of the variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located or otherwise conflict with the objectives of city development plans or policies;

(4) The variance requested is the minimum variance which will alleviate the hardship;

(5) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the zone;

(6) The special conditions requiring a variance do not result from the actions of the applicant. [Ord. 1138 § 1, 1992. Code 1966 § 17.08.020.]

17.35.030 Application for a variance.

A property owner may initiate a request for a variance by filing an application with the zoning official, using forms prescribed in CMC 17.45.120. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The board of adjustment may request other drawings or information necessary to an understanding of the request. [Ord. 1138 § 1, 1992. Code 1966 § 17.08.030.]

17.35.040 Public hearing on a variance.

Before the board of adjustment acts on a request for a variance, it shall hold a public hearing in accordance with the provisions of CMC 17.45.080. [Ord. 1138 § 1, 1992. Code 1966 § 17.08.040.]

17.35.050 Notification of decision.

Within 10 days after the board of adjustment has reached a decision on a request for a variance, the zoning official shall notify the applicant of the decision. [Ord. 1138 § 1, 1992. Code 1966 § 17.08.050.]