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Chapter 18.111
VARIANCES1Sections:
18.111.010 Purpose.
18.111.020 Applicable procedure.
18.111.030 Submittal requirements.
18.111.040 Decision criteria.
18.111.050 Time limits.
18.111.060 Extension.
18.111.070 Repealed.
18.111.080 Appeals.
18.111.090 Variance – Administrative and regular.
18.111.010 Purpose.
Variances are the mechanism by which the city may grant relief from the provisions of the zoning ordinance where practical difficulty renders compliance with certain provisions of the code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of the comprehensive plan is fulfilled. A variance is authorized only for lot coverage, size of structure or size of setbacks and open spaces. Variances are not authorized for changes in density requirements, building or structure height requirements or expanding a use otherwise prohibited. A variance shall not be granted because of the presence of nonconformities in the zoning district, uses in an adjoining zoning district, or to allow the siting for an accessory dwelling unit. (Ord. 2004-02 § 1, 2004; Ord 95-13 § 24, 1995; Ord. 95-07 § 28, 1995; Ord. 94-03 § 1, 1994)
18.111.020 Applicable procedure.
The city shall process variance applications in accordance with Chapter 2.16 BIMC and the following procedures:
A. Preapplication Conference. Prior to submittal of a variance application, the applicant or applicant’s representative shall attend a preapplication conference in accordance with the purpose and procedures of BIMC 2.16.035. A preapplication conference for a minor variance proposal may be waived by the director in accordance with BIMC 2.16.035.B.
B. Application. An applicant may submit an application for a variance at any time after completion of a required preapplication conference. The applicant shall submit a complete application as specified in BIMC 18.108.030. Upon receipt of a complete application, the director shall provide notice to the applicant and public in accordance with BIMC 2.16.085 and commence the application review process. A notice of application with public comment period and a notice of decision shall be required in accordance with BIMC 2.16.085.C and E for all variance applications.
C. Administrative Variance. An administrative variance process may be used for minor projects as determined by the director. Administrative variances shall follow the review procedures set forth in BIMC 2.16.095. Minor projects should be limited to:
1. Projects that are exempt from review under the State Environmental Policy Act (SEPA); or
2. Proposals for less than a 25 percent encroachment in required yards; or
3. Proposals of less than a 25 percent increase in lot coverage.
D. Regular Variance. All other variances shall be processed using the procedures set forth in BIMC 2.16.100, hearing examiner decision procedures.
E. Written Comments. An administrative variance that has received written public comments during the notice of application comment period (as set forth in BIMC 2.16.085), concerning the effect on the land use application of the comprehensive plan, shoreline master program or matters not addressed by specific provisions of this code, may be processed as a regular variance, as determined by the director.
F. Review by the Planning Commission. Prior to a final decision on an application, the director or hearing examiner may request that a variance application be reviewed by the planning commission for recommendation to the director or the hearing examiner using the procedures set forth in BIMC 2.16.095.D or 2.16.100.C. Recommendations on administrative variances shall be forwarded to the director. The director or the hearing examiner may remand a project to the planning commission for review and recommendation. (Ord. 96-20 § 8, 1996; Ord. 94-03 § 1, 1994)
18.111.030 Submittal requirements.
A. A variance application and fee as established by city council resolution shall be filed with the department by the owner of land for which the permit is sought, or by the owner’ authorized agent.
B. Required information shall include but shall not be limited to:
1. The legal description of the property, tax lot number and vicinity map; and
2. A complete and detailed written statement of the reason(s) for requesting the variance and the sequence and timing of any proposed development; and
3. A graphic scale drawing of the property indicating:
a. North point; and
b. Boundaries, easements, and ownerships as set forth in the legal description; and
c. Existing structures and improvements; and
d. Topography at appropriate contour intervals; and
e. Location of existing vegetation, including all trees over 10 inches in diameter that might be impacted by the proposal, watercourses, other natural features and critical areas; and
f. Proposed improvements, if any; and
g. Utilities and/or septic designs and circulation plans, if appropriate; and
h. All adjacent streets and rights-of-way; and
4. The terms, conditions, covenants, and agreements under which the subject property is bound, if any; and
5. An environmental checklist when required; and
6. Other plans and drawings deemed necessary by the director for evaluation of the merits of the proposal.
C. The director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 98-20 § 13, 1998; Ord. 96-20 § 9, 1996; Ord. 94-03 § 1, 1994)
18.111.040 Decision criteria.
A. A variance may be approved or approved with modifications if:
1. The variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property is located;
2. 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 property is located;
3. The variance is requested because of special circumstances related to the size, shape, topography, location or surroundings of the subject property and will provide an applicant with use rights and privileges permitted to other properties in the vicinity and zone in which the property is located;
4. The need for a variance has not arisen from actions taken or proposed by the applicant;
5. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because of special circumstances on the property in question;
6. The variance is the minimum necessary to fulfill the need of the applicant; and
7. The variance is consistent with all other provisions of this code and is in accord with the comprehensive plan.
B. A variance may be approved with conditions. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the application shall be denied. (Ord. 94-03 § 1, 1994)
18.111.050 Time limits.
A variance automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the variance unless:
A. The applicant has received an extension for the variance; or
B. The variance approval provides for an extended time period. (Ord. 94-03 § 1, 1994)
18.111.060 Extension.
The director may grant one extension to the variance for a period not to exceed one year if:
A. Unforeseen circumstances or conditions necessitate the extension of the variance; or
B. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
C. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and
D. The extension request is received by the department no late than 30 days prior to the expiration of the permit. (Ord. 94-03 § 1, 1994)
18.111.070 Revocation of permit.
Repealed by Ord. 96-20. (Ord. 94-03 § 1, 1994)
18.111.080 Appeals.
A. Appeal of an Administrative Decision. A decision on an administrative variance may be appealed to the hearing examiner in accordance with the provisions of BIMC 2.16.130.
B. Appeal of a Hearing Examiner Decision. A decision on a regular variance shall be final unless, within 21 days of issuance, it is appealed in accordance with Chapter 36.70C RCW. (Ord. 2003-25 § 13, 2003; Ord. 96-20 § 11, 1996; Ord. 94-03 § 1, 1994)
18.111.090 Variance – Administrative and regular.
(Ord. 2003-25 § 14, 2003; Ord. 96-20 § 12, 1996)
Footnotes
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