Chapter 17.44


17.44.010    Intent.

17.44.020    Required findings – Special circumstances.

17.44.030    Comprehensive plan – Critical areas ordinance.

17.44.040    Nondetrimental.

17.44.050    Minimum variance.

17.44.060    Time limitation.

17.44.070    Appeal.

17.44.080    Applicability.

17.44.010 Intent.

A variance to any requirement of this title, except use and procedural requirements, may only be granted when all the required findings have been made. (Ord. 370 § 8 (part), 2004).

17.44.020 Required findings – Special circumstances.

Due to special circumstances related to the property, the strict application and enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity and with the same zoning classification.

(A) Special circumstances include the size, shape, topography, location, or surroundings of the property, public necessity of public structures and uses, and protection of environmental features such as vegetation, streams, ponds, and wildlife habitats.

(B) Special circumstances may not be predicated upon any factor personal to the owner such as age, disability, extra expense necessary to comply with this title, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the property. (Ord. 370 § 8 (part), 2004).

17.44.030 Comprehensive plan – Critical areas ordinance.

Approval of the variance will be consistent with the comprehensive plan and the critical areas ordinance. (Ord. 370 § 8 (part), 2004).

17.44.040 Nondetrimental.

The variance, as approved, will not be significantly detrimental to the public health, safety, or welfare or injurious to nearby property or improvements. (Ord. 370 § 8 (part), 2004).

17.44.050 Minimum variance.

The approved variance shall be the minimum necessary to allow the owner the rights enjoyed by other nearby property owners in the same zoning classification. (Ord. 370 § 8 (part), 2004).

17.44.060 Time limitation.

The variance must be acted upon within one (1) year of the date of approval or it will expire. The holder may request an extension of time prior to the expiration of the variance and the planning commission may grant an extension of time of up to one (1) year past the original date of expiration. (Ord. 370 § 8 (part), 2004).

17.44.070 Appeal.

If the town council denies a variance request, the property owner may appeal the decision to the Index town council. The applicant must file an appeal with the town clerk within ten (10) days of the date of the town council decision. Applicants may then have the option to take their appeals to the Snohomish County board of appeals. (Ord. 370 § 8 (part), 2004).

17.44.080 Applicability.

The variance applies only to the property to which it was granted and may not be transferred to any other property. (Ord. 370 § 8 (part), 2004).