Chapter 18.66
VARIANCES AND UNUSUAL USES
18.66.000 Chapter Contents
Sections:
18.66.010 Authority.
18.66.020 Variance.
18.66.040 Reasonable Use Exception.
18.66.050 Additional conditions of approval.
18.66.060 Limitation of use.
18.66.080 Unusual uses.
18.66.090 Public Project of Significant Importance.
(Ord. 6426 §52, 2006; Ord. 6356 §7, 2005; Ord. 5517 §1, 1995).
18.66.010 Authority
The Hearing Examiner shall have the authority to grant a variance and/or a reasonable use exception from the requirements of Chapter 18.32, after considering the matter at a public hearing duly called and giving notice to adjoining property owners as provided in Chapter 18.78, Public Notification.
(Ord. 6408 §30, 2006; Ord. 6356 §7, 2005).
18.66.020 Variance
A. Before any variance is granted, the Hearing Examiner shall find that the following circumstances exist:
1. That the proposed variance will not amount to a rezone or constitute a change in the district boundaries shown on the Official Zoning Map;
2. That because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property the variance is necessary to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That granting of the variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property is located;
5. 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 subject property is situated; and
6. That the variance is the minimum variance necessary to provide the rights and privileges described above.
(Ord. 6356 §7, 2005; Ord. 6273 §32, 2003; Ord. 5517 §1, 1995).
18.66.040 Reasonable Use Exception
Before any reasonable use exception may be granted, the Hearing Examiner shall find that the following circumstances exist:
A. The property has been in a single ownership (i.e., not held in conjunction with any adjacent lot, tract or parcel) since January 10, 1985 or, if the property was held in conjunction with any other adjacent lot, tract or parcel since January 10, 1985, the then-applicable provisions of this Chapter denied all reasonable economic use of the properties as combined;
B. The application of this Chapter would deny all reasonable economic use of the property;
C. No other reasonable economic use of the property would have less impact on any critical area;
D. The use proposed is the minimum necessary to allow for reasonable economic use of the property;
E. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this Chapter;
F. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
G. The design maximizes protection and mitigates impacts to any critical area functions and values consistent with the best available science; and
H. The proposal is consistent with other applicable regulations and standards.
(Ord. 6426 §53, 2006; Ord. 6356 §7, 2005).
18.66.050 Additional conditions of approval
Before granting a variance or reasonable use exception, the Hearing Examiner may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this Title shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance or reasonable use exception is granted, shall be deemed a violation of this Title and punishable under Chapter 18.73, Civil and Criminal Penalty.
(Ord. 6356 §7, 2005; Ord. 5517 §1, 1995).
18.66.060 Limitation of use
With respect to uses of land, buildings and other structures, this Title is declared to be a definition of the public interest by City Council, and the spirit of this Title will not be observed by any variance which permits a use not generally or by conditional use, permitted in the district involved, or any use expressly or by implication prohibited, by the terms of this Title in the district. Therefore, under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or by conditional use permitted in the district involved, or any use expressly or by implication prohibited, by the terms of this Title in the district.
(Ord. 5517 §1, 1995).
18.66.080 Unusual uses
Certain unusual uses, which are not identified in this Title may be allowed by the Hearing Examiner if such use will have no detrimental effect on other properties in the vicinity. In authorizing uses of this type, the Hearing Examiner shall impose limits and conditions necessary to safeguard the health, safety and general welfare of those persons that might be affected by the use. (See Section 18.02.080(B), Interpretations.)
(Ord. 6356 §7, 2005; Ord. 5517 §1, 1995).
18.66.090 Public Project of Significant Importance
A. When a project funded by a public agency, department or jurisdiction is found to be of compelling interest to the citizens of Olympia, it may be designated as a public project of significant importance.
B. Any such designation shall be preceded by a public hearing and shall be done by a resolution of the Olympia City Council.
(Ord. 6356 §7, 2005).