Chapter 14.58
VARIANCES
Sections:
14.58.020 Applicability—Types of variances.
14.58.030 Application requirements.
14.58.010 Purpose.
The purpose of this Chapter is to provide a mechanism for relief from the requirements of this Title in specific cases where, due to special conditions, literal enforcement of the requirements of this Title would result in unnecessary hardship. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20090010 Attch. 1 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.10.010)
14.58.020 Applicability—Types of variances.
(1) A variance is one of three types:
(a) A Hearing Examiner variance is required to authorize a departure from a dimensional or numeric standard in this Title, unless otherwise prohibited or described below.
(b) An administrative variance may authorize a departure from the following regulations:
(i) Agricultural siting criteria of SCC 14.13.100;
(ii) Parking requirements, as allowed by SCC 14.26.040(2);
(iii) Reductions up to 100 percent of the standard setback allowed by SCC 14.28.030;
(iv) Reductions within natural resource lands allowed by SCC 14.38.060;
(v) Landscaping requirements in SCC Chapter 14.25 per SCC 14.25.040(9);
(vi) Variances to Bayview Ridge Residential SCC 14.15.500(3)(b), minimum density for short plats, allowed in cases where previously developed property or property with critical areas constraints precludes development at the required densities;
(vii) Variances to standard critical area buffer widths (25 percent to 50 percent) pursuant to SCC 14.24.140(1)(a).
(c) A BOCC variance is required to authorize a departure from any requirement of the Ag-NRL zone, other than those listed above, or to SCC 14.76.200, One-acre segregation for agricultural land preservation.
(2) Disallowed Variances.
(a) No variance is available to grant a use that is prohibited in the applicable zone.
(b) Except as provided above, no variance is available for density limits. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20170006 § 1 (Att. 1); Ord. O20160004 § 6 (Att. 6); Ord. O20150006 § 2 (Att. A); Ord. O20090010 Attch. 1 (part); Ord. O20080009 (part); Ord. O20070009 (part); Ord. 18375 § 6, 2001; Ord. 17938 Attch. F (part), 2000. Formerly 14.10.020)
14.58.030 Application requirements.
(1) In addition to the general requirements of SCC 14.06.230, an application for a variance must demonstrate compliance with each of the variance criteria in SCC 14.58.040 and any other criteria specific to the type of variance sought.
(2) An application for a variance may be consolidated with another permit application that depends on the variance, but the accompanying permit application may not be approved until the variance is approved. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.10.030)
14.58.040 Review criteria.
(1) An application for a variance is subject to the type of review shown in SCC 14.06.150.
(2) To approve a variance, the decisionmaker must find all of the following:
(a) The variance complies with any relevant variance criteria found in other sections of Skagit County Code.
(b) The variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
(c) The granting of the variance will be in harmony with the general purpose and intent of this Title and other applicable provisions of the Skagit County Code, and will not be injurious to the neighborhood, or otherwise detrimental to public welfare.
(d) For a Hearing Examiner variance or a setback variance:
(i) The requested variance must arise from special conditions and circumstances, including topographic or critical area constraints, which are peculiar to the land, structure, or building involved and which are not ordinarily found among other lands, structures, or buildings in the same district.
(ii) The special conditions and circumstances do not result from the actions of the applicant.
(iii) Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title and SCC Title 15.
(iv) The granting of the variance requested will not confer on the applicant any special privilege that is denied by this Title and SCC Title 15 to other lands, structures, or buildings in the same district. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. 17938 Attch. F (part), 2000. Formerly 14.10.040)
14.58.050 Decision.
(1) To grant a variance, the decisionmaker must make findings that the reasons set forth in the application and record justify the granting of the variance.
(2) The decisionmaker may prescribe such conditions to be necessary or desirable in order to carry out the intent and purposes of this Chapter and in the public interest.
(3) If the variance application is approved, the applicant must record the variance against the property with the County Auditor on a form provided by the Department and provide the Department a copy of the recording. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. 17938 Attch. F (part), 2000. Formerly 14.10.050)