Chapter 20.85
VARIANCES
Sections:
20.85.000 Scope.
20.85.010 Findings.
20.85.020 General requirements.
20.85.000 Scope.
A variance to any requirement of the zoning ordinance (ECDC Titles 16 and 17) except use and procedural requirements may be approved when the findings required by this chapter can be made.
20.85.010 Findings.
No variance may be approved unless all of the findings in this section can be made.
A. Special Circumstances. That, because of special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning.
1. Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity as of public structures and uses as set forth in ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats.
2. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property;
B. Special Privilege. That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning;
C. Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan;
D. Zoning Ordinance. That the approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located;
E. Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone;
F. Minimum Variance. That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning.
20.85.020 General requirements.
A. Review. The hearing examiner shall review variances as provided in ECDC 20.100.010.
B. Appeals. Any person may appeal a hearing examiner decision to the city council as provided in Chapter 20.105 ECDC.
C. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application.
D. Review of Extension Application. An application for an extension of time shall be reviewed by the community development director as provided in ECDC 20.95.050.
E. Location. A variance applies only to the property for which it has been approved and may not be transferred to any other property.