Chapter 17.84


17.84.010    Purpose.

17.84.020    Authority.

17.84.030    Criteria.

17.84.040    Conditions.

17.84.010 Purpose.

A. General. The purpose of a variance is to ensure that all persons and their property are guaranteed equal rights and opportunities under equal circumstances. Its use is to be strictly limited to granting relief from specific bulk, dimensional and performance standards where strict application of the same would deny an owner those equal rights and opportunities.

B. Limitation.

1. A variance shall not be granted if it will provide the applicant with special privileges denied to all others similarly situated.

2. A variance shall not be granted if it will allow a use not otherwise permitted for the zone. (Ord. 1172 § 110, 2001)

17.84.020 Authority.

Except as limited in FHMC 17.84.010(B), the town council shall have the authority to grant or deny variances. (Ord. 1172 § 111, 2001)

17.84.030 Criteria.

The applicant shall have the burden of clearly establishing that each of the following criteria are met:

A. The strict application of the performance standards set forth in this title would deprive the applicant of a substantial property right commonly enjoyed by other properties in the same zone;

B. The need for a variance is a result of special circumstances that are solely related to the property, such as irregular shape or size, or natural features not generally existing within the same zone (deed restrictions, needs personal to the applicant, financial circumstances, or property alterations by the applicant or a predecessor shall not be proper considerations);

C. The requested variance will provide the minimum variation from the standards necessary to afford relief; and

D. The granting of the variance will not:

1. Provide the applicant with a special privilege not already enjoyed by or available to other property owners in the zone; or

2. Cause significant injury to the rights of other property owners in the zone; or

3. Be materially detrimental to the public welfare; or

4. Allow an incompatible structure or use to be located within the zone. (Ord. 1172 § 112, 2001)

17.84.040 Conditions.

The town council may impose reasonable conditions to ensure that the variance, if granted, will meet the criteria set forth above, and require such bonds or other security devices as may be reasonably necessary to ensure continued compliance with the conditions of the variance. (Ord. 1172 § 113, 2001)