Chapter 17.42
VARIANCES
Sections:
17.42.010 Authorization to grant or deny.
17.42.020 Circumstances for granting.
17.42.010 Authorization to grant or deny.
A. The Planning Commission may authorize variances from the requirements of this title when it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship. However, no variance shall be granted to allow the use of property for purposes not authorized within the zoning district in which the proposed use would be located.
B. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. (Ord. 339 § 1, 1978).
17.42.020 Circumstances for granting.
No variance shall be granted unless it can be shown that all of the following circumstances exist:
A. Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control.
B. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity.
C. The authorization of the variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of City development plans or policies.
D. The variance requested is the minimum variance which will alleviate the hardship. (Ord. 339 § 1, 1978).
17.42.030 Application.
A. A property owner may initiate a request for a variance by filing an application with the planning department, using prescribed forms.
B. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development.
C. The Planning Commission may request other drawings or information necessary to form an understanding of the request. (Ord. 339 § 1, 1978).
17.42.040 Public hearing.
A. Before the Planning Commission acts on a request for a variance, it shall hold a public hearing.
B. Following the public hearing, if the Commission finds that the qualifications under CMC 17.42.020 apply to the land, building or use for which a variance is sought and that the variance shall be in harmony with the general purposes of this title, the Commission shall grant such variance.
C. The Commission may designate conditions and guarantees in connection with the variance to secure the purposes of this title. (Ord. 436 §§ 35, 36, 1988; Ord. 339 § 1, 1978).
17.42.050 Revocation.
A. In any case where the condition of granting a variance has not been, or is not complied with, the Planning Commission shall give at least 10 days notice to the permittee of the intention to hold a hearing regarding the revocation of the variance. After conclusion of the hearing the Planning Commission may revoke such variance.
B. In any case where a variance has not been used within one year after the date of granting thereof, then without further action by the Planning Commission, the variance granted shall be null and void. (Ord. 436 § 38, 1988).