Chapter 17.149
VARIANCES

Sections:

17.149.010    Purpose.

17.149.020    Procedures.

17.149.030    Authority to grant variances.

17.149.040    Criteria for granting a variance.

17.149.050    Time limitations.

17.149.010 Purpose.

It is the policy of the city of Battle Ground to provide a machinery for relief in cases of hardship as provided in RCW 35A.63.110; such power shall be sparingly used by the hearing examiner, and determination shall be based upon findings of fact. (Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.149.020 Procedures.

Variances shall be processed as a Type III land use action as set forth in BGMC 17.200.060. (Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 98-023 (part), 1998; Ord. 95-769 § 5 (part), 1995)

17.149.030 Authority to grant variances.

The hearing examiner is authorized to receive, consider, grant, grant with conditions or deny applications for variances to dimensional standards except lot size and density consistent with this chapter, after a public hearing and after making written findings of fact that the conditions for variances specified in this chapter have been fulfilled. In granting a variance, the examiner may impose such requirements and conditions with respect to the location, construction, maintenance and operation in addition to those expressly set forth in this title as may be deemed necessary for the protection of adjacent properties and the public interest. The planning director is authorized to grant a variance of up to five percent of dimensional standards except lot size and density through the underlying land use permit application. (Ord. 04-024 § 51, 2004: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.149.040 Criteria for granting a variance.

The examiner or planning director may grant a variance only in cases where they make findings of fact that all of the following conditions exist and criteria are met:

A.    There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or district. Such conditions may include topography, unique natural conditions, surroundings of the subject property, and size or peculiar shape of the lot.

B.    As a result of such unusual circumstances or conditions, there is an unnecessary hardship or practical difficulties that render it difficult to carry out the provisions of this title.

C.    The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located, and the variance will be in harmony with the general purposes and intent of this title.

D.    The variance approved is the minimum variance that will make possible the legal use of the land, building or structure and will not constitute a grant of special privilege inconsistent with the limitation upon use of other properties in the vicinity and use district.

E.    The variance does not permit a use of land, building or structure which is not permitted by right in the district involved with standards and criteria set forth elsewhere in this title. (Ord. 04-024 § 52, 2004: Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.149.050 Time limitations.

A.    An approved variance shall become void after one year from the date of approval if no substantial construction has taken place in accordance with the plans for which such variance was authorized.

B.    A variance application denied by the examiner shall not be accepted again for hearing and consideration by the examiner until one year or more has passed since the examiner’s action on the original application. (Ord. 99-008 § 2(E)[F] (part), 1999: Ord. 95-769 § 5 (part), 1995)