Chapter 18.56


18.56.010    Purpose.

18.56.020    Application forms and procedure.

18.56.040    Application – Postponement or withdrawal.

18.56.050    Granting – Conditions – Authority.

18.56.060    Requirements.

18.56.010 Purpose.

The purpose of a variance is to provide relief when a strict application of the requirements of the zoning code would impose unusual practical difficulties or unnecessary physical hardships on the applicant, because special conditions or circumstances exist which are peculiar to the site, or location of existing structures thereon, due to size, shape, topography or other physical conditions of and inherent to the site. No variance shall be granted to establishment or expansion of a use otherwise not permitted in this title, nor for economic reasons. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1203 § 25, 2003; Ord. 551 § 38.120(10), 1976; Ord. 531 § 1, 1973.]

18.56.020 Application forms and procedure.

A property owner or authorized agent may request a variance by providing a complete application and paying fees to the administrator. It is the applicant’s responsibility to provide all documentation necessary to address the requirements of a variance. Variances are processed as a quasi-judicial review, with a decision issued by the hearing examiner, pursuant to LMC Title 21. [Ord. 1628 § 1 (Att. A), 2021.]

18.56.040 Application – Postponement or withdrawal.

Any applicant, or agent, may at any time request withdrawal or postponement of consideration of the application. [Ord. 1628 § 1 (Att. A), 2021; Ord. 551 § 38.120(25), 1976; Ord. 531 § 1, 1973.]

18.56.050 Granting – Conditions – Authority.

In granting a variance, the hearing examiner may attach conditions necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1203 § 25, 2003; Ord. 551 § 38.100, 1976; Ord. 531 § 1, 1973.]

18.56.060 Requirements.

Variances to a requirement of the zoning code with or without conditions may be granted only if, on the basis of investigation and evidence submitted, the following six conditions are established and confirmed in written findings:

A. That a strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty or unnecessary hardship;

B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same area;

C. That the exceptional or extraordinary circumstances or conditions did not result from the applicant’s actions;

D. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the near vicinity;

E. That the granting of the variance would support goals and policies contained within the comprehensive plan; and

F. That granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures or buildings in the zone in which the property is located. [Ord. 1628 § 1 (Att. A), 2021; Ord. 551 § 38.110, 1976; Ord. 531 § 1, 1973.]