Chapter 17.65
VARIANCES
Sections:
17.65.020 Application requirements.
17.65.030 Decision and appeal process.
17.65.040 Review and approval criteria.
17.65.045 Reasonable use permit.
17.65.050 Conditions authorized.
17.65.080 Permit revisions and modifications.
17.65.010 Purpose.
The purpose of this chapter is to establish a process for reviewing and approving variances from the requirements of this title, Zoning, except for Chapter 17.14 MMC, Table of Uses, and procedural requirements. (Ord. 1761 § 1, 2010; Ord. 1741 § 34, 2009).
17.65.020 Application requirements.
The applicant shall provide application materials as required in Chapter 17.70 MMC (Application Requirements.) (Ord. 1741 § 34, 2009).
17.65.030 Decision and appeal process.
The hearing examiner shall decide on applications for variances from the municipal code in accordance with Process Type IV of Chapter 17.71 MMC (Permit Decision and Appeal Processes). (Ord. 1741 § 34, 2009).
17.65.040 Review and approval criteria.
The hearing examiner shall have the authority to grant a variance from the bulk and dimensional provisions of this title, Zoning, when the variance is consistent with the general purpose and intent of this zoning code and all the following conditions have been found to exist:
A. That there are special circumstances applicable to the subject property, or to the intended use, such as shape, topography, location, or surroundings, that do not apply generally to the other property or class of use in the same vicinity and zone. Special circumstances should not be predicated upon any factor personal to the owners or the ability to make more profitable use of the property.
B. That the variance is necessary for the preservation and enjoyment of a substantial property right or use, possessed by other property in the same vicinity and zone, but when because of special circumstances is denied to the property in question.
C. That 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 located.
D. That the granting of the variance is consistent with the comprehensive plan.
E. No variances to use standards are allowed. Variances shall be limited to bulk and dimensional standards.
F. The variance requested is not borne from actions of the applicant, property owner, or agents of the applicant or property owner. (Ord. 1761 § 2, 2010; Ord. 1741 § 34, 2009).
17.65.045 Reasonable use permit.
A. The hearing examiner shall decide on applications for reasonable use exceptions in accordance with Process Type IV of Chapter 17.71 MMC. In addition to the procedures identified in Chapter 17.71 MMC under a Process Type IV, a neighborhood meeting shall be held prior to approval. When strict or literal application of this title denies all reasonable economic use to the property and a variance would not provide sufficient relief, the hearing examiner, after conducting a hearing, shall have the authority to issue an exception from said regulation when the following conditions have been found to exist:
1. The application of this title would deny all reasonable use of the property;
2. There is no other reasonable use which would result in less adverse significant environmental impacts;
3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this title and the public interest, and does not conflict with the Endangered Species Act or other relevant state or federal laws; and
4. Any waivers of this title’s regulations shall be the minimum necessary to allow for reasonable use of the property.
5. Regulatory waivers under this reasonable use exception shall be limited to bulk and dimensional requirements. If the only way to comply with these reasonable use criteria is by modification to use restrictions, the examiner shall note this in his or her decision and the applicant may then apply for a rezone to seek relief; provided, that nothing in this section shall be construed as altering the requirements for qualifying for a rezone.
B. Any authorized waivers of development regulations under this section shall be subject to conditions established by the examiner including, but not limited to, mitigation in an approved mitigation plan. (Ord. 1761 § 3, 2010).
17.65.050 Conditions authorized.
When granting a variance, the hearing examiner shall have the power to attach specific conditions to the variance as necessary to satisfy the criteria for approval. (Ord. 1741 § 34, 2009).
17.65.060 Expiration.
Any variance shall become null and void five years from the date of granting or approval, if not exercised within that period. (Ord. 1741 § 34, 2009).
17.65.070 Revocation.
After a public hearing held in the manner prescribed for the granting of variances, the hearing examiner may revoke or modify any variance on any of the following grounds:
A. That the approval was obtained by fraud;
B. That the variance is being exercised contrary to the terms or conditions of the approval. (Ord. 1741 § 34, 2009).
17.65.080 Permit revisions and modifications.
Revisions to an approved variance shall follow the procedure as set forth in Chapter 17.74 MMC (Permit Revision and Modification). (Ord. 1741 § 34, 2009).