Chapter 16.40
MODIFICATIONS, APPEALS AND VARIANCES
Sections:
16.40.010 Planned unit development (PUD)-Modification of requirements.
16.40.010 Planned unit development (PUD)-Modification of requirements.
The standards and requirements of this title may be modified by the city council, upon recommendation of the planning commission, in the case of a planned unit development (PUD) or binding site plan when such is applied that is approved in accordance with the Bridgeport zoning ordinance; provided, that the PUD or binding site plan does not violate the purpose of this title as set forth in Section 16.04.030 or any provision of the Bridgeport Zoning Ordinance and comprehensive plan. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.40.020 Amendment of title.
Chapter 19.08 shall guide the procedure for amending this title. Prior to any amendments, the city council and the planning commission shall hold at least one public hearing each hereon in accordance with 19.03.030. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.40.030 Appeals.
Administrative appeals shall be processed as required by 19.06.040 BMC. As provided in 19.06.060 BMC, the city’s final decision on an application may be reviewed by a party of record with standing to file a land use petition in Douglas County superior court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW as it now exists or as may be hereafter amended. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.40.040 Variances.
A. When necessary, the city council, upon recommendation of the planning commission, may authorize variances to the requirements of this title.
B. A variance is a Type III permit application and must be processed as such according to Title 19 BMC, as currently exists or may hereafter be amended. Applications for variances shall be submitted in accordance with forms and information provided by the plat administrator. Each request for a variance shall be considered separate from and prior to the main application.
C. Petitions for variances may be considered at the same hearing as that scheduled for a preliminary plat application.
D. A variance for a short plat must be processed and approved prior to the administrative approval of a short plat application.
E. Any variance application shall state fully the grounds of the application and the criteria relied upon by the applicant. The planning commission and city council shall find that all of the following criteria concerning the variances are met:
1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
2. The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
3. The granting of such 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 subject property is situated.
4. The special circumstances or conditions affecting the property are not the result of actions of the applicant.
5. The variance requested represents the minimum variance necessary to alleviate the hardship. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.40.050 Variance granting.
The city council shall review the planning commission’s recommendation in accordance with Section 16.40.040. If the variance is approved or conditionally approved, the council shall determine the conditions necessary for the variance and shall specify in a written findings of fact the type of variance granted and the reasons for the granting of the variance. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)