Chapter 15.52
VARIANCES
Sections:
15.52.020 Categories of variances.
15.52.030 Duration of approval.
15.52.040 Pre-application conference.
15.52.050 Submitting application, related materials and application fee.
15.52.060 Determination of completeness.
15.52.070 Determination of category of variance.
15.52.080 Notice of application.
15.52.090 Criteria to be considered.
15.52.100 City planner review and decision on minor variances.
15.52.110 City planner review and recommendation on variances.
15.52.120 Planning commission review and recommendation on variances.
15.52.130 City council review and decision on variances.
15.52.010 Description.
A. A variance is permission to build something in a way that is otherwise not allowed by this code. A variance is used to deviate from zoning standards, not from the type of use allowed.
B. A variance gives private property owners relief from the city’s zoning requirements when special circumstances are present. A variance can be applied for when unusual physical conditions of a specific property make it impossible for the owner to meet the requirements of that zone, and therefore the owner needs to vary the size, dimension, or design requirements of that zone. Variances are only to be used to mitigate hardships caused by topography or location of existing buildings.
C. A variance is exempt from SEPA requirements. (Ord. 1593, 1998)
15.52.020 Categories of variances.
There are two categories of variances in Raymond:
A. Minor Variances.
1. Minor variances involve requests for changes to setbacks required for garages or other accessory structures.
2. The city planner has final approval authority on minor variances.
B. Variances.
1. Variances involve any requests for changes to zoning standards, except as described in subsection (A) of this section.
2. The city council has final approval authority for variances. (Ord. 1593, 1998)
15.52.030 Duration of approval.
Approval of a variance or minor variance will be effective for a period not to exceed one year from the date of the approval. The applicant must complete the development project for which the variance or minor variance was sought within one year from the date of the approval. (Ord. 1593, 1998)
15.52.040 Pre-application conference.
A. An applicant may request a pre-application conference with the city planner before submitting a variance application to discuss requirements and the review process, in accordance with RMC 15.08.040.
B. If an applicant requests consolidated permit processing in accordance with RMC 15.08.050, a pre-application conference is required. (Ord. 1741, 2007; Ord. 1593, 1998)
15.52.050 Submitting application, related materials and application fee.
A. Persons requesting a variance must submit the following to the clerk/treasurer, in accordance with RMC 15.08.060:
1. A variance application form, provided by the city;
2. A scaled drawing of the property with existing buildings and proposed new construction; and
3. Application fee (see current fee schedule).
B. The clerk/treasurer will forward the items in subsections (A)(1) and (A)(2) to the city planner. (Ord. 1593, 1998)
15.52.060 Determination of completeness.
The city planner shall follow the provisions set forth in RMC 15.08.070. (Ord. 1741, 2007; Ord. 1593, 1998)
15.52.070 Determination of category of variance.
A. After a variance application is complete according to RMC 15.08.070, the city planner will determine if the applicant is requesting a minor variance or a variance.
B. If the request is for a minor variance, the city planner has final approval authority.
C. If the request is for a variance, the city council has final approval authority. (Ord. 1593, 1998)
15.52.080 Notice of application.
The city planner shall follow the provisions set forth in RMC 15.08.080. (Ord. 1741, 2007; Ord. 1593, 1998)
15.52.090 Criteria to be considered.
Variances will only be granted when the applicant demonstrates that the following conditions are met:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
B. That literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code;
C. That the special conditions and circumstances do not result from the actions of the applicant;
D. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, structures, or buildings in the same district; and
E. That the granting of the variance will be in harmony with the general purpose and intent of this code, will not be injurious to the neighborhood, or otherwise detrimental to public welfare. (Ord. 1593, 1998)
15.52.100 City planner review and decision on minor variances.
A. If the applicant is requesting a minor variance, after a variance application is complete according to RMC 15.08.070, the city planner will consider the criteria listed in RMC 15.52.090 in making his decision.
B. The decision of the city planner must be written and include findings of fact and conclusions to support the decision in accordance with RMC 15.52.150. (Ord. 1741, 2007; Ord. 1593, 1998)
15.52.110 City planner review and recommendation on variances.
If the applicant is requesting a variance, after a variance application is complete according to RMC 15.08.070, the city planner will consider the criteria listed in RMC 15.52.090 and prepare a report summarizing his or her findings, conclusions, and recommendations regarding the variance application, then forward the report to the planning commission. (Ord. 1593, 1998)
15.52.120 Planning commission review and recommendation on variances.
A. After receiving the city planner’s report, the planning commission will conduct a public hearing on the variance application, consider the criteria listed in RMC 15.52.090, then make a recommendation on the variance application to the city council.
B. Every recommendation of the planning commission must be in writing and must include findings of fact and conclusions to support the recommendation.
C. Recommendations of the planning commission are advisory only. (Ord. 1593, 1998)
15.52.130 City council review and decision on variances.
A. After receiving a recommendation from the planning commission on a variance application and after considering the criteria listed in RMC 15.52.090, the city council will approve, approve with conditions, or deny the variance request.
B. Every decision made by the city council must include findings of fact and conclusions to support the decision. (Ord. 1593, 1998)
15.52.140 Prohibited.
Under no circumstances will a variance be granted to allow a use not permissible under the terms of this code in the district involved. (Ord. 1593, 1998)
15.52.150 Report of decision.
A. The city planner must provide a single report stating the decision on a minor variance in accordance with RMC 15.08.120 and 15.08.130. The report will serve as the permit.
B. The city council must provide a single report stating the decision on a variance application in accordance with RMC 15.08.120 and 15.08.130. The report will serve as the permit.
C. The city planner will forward a copy of the report of decision for a minor variance to the building inspector on the day after the decision is made.
D. The city council will forward a copy of the report of decision for a variance to the building inspector on the day after the decision is made. (Ord. 1593, 1998)
15.52.160 Appeals.
A. Decisions of the city planner on minor variances may be appealed to the planning commission in accordance with RMC 15.08.150.
B. Decisions of the city council on variances may be appealed to the Pacific County Superior Court in accordance with RMC 15.08.160. (Ord. 1593, 1998)