Chapter 19.40
VARIANCES AND CONDITIONAL USE PERMITS
Sections:
19.40.020 Variances and authority to grant.
19.40.030 Required findings to grant variance.
19.40.040 Conditions on variance approvals.
19.40.050 Public hearing required for variance.
19.40.060 Expiration of variance grant.
19.40.070 Extension of time for variance permit.
19.40.080 Cancellation of a variance.
19.40.090 Revocation of a variance.
19.40.100 Posting of performance bonds.
19.40.110 Appeals of variance determination.
19.40.115 Administrative variance.
19.40.120 Conditional use permits and authority to grant.
19.40.130 Required findings to grant conditional use permit.
19.40.140 Conditions on conditional use permit approvals.
19.40.150 Public hearing required for conditional use permit.
19.40.160 Expiration of conditional use permit.
19.40.170 Extension of time of conditional use permit.
19.40.180 Cancellation of a conditional use permit.
19.40.190 Revocation of a conditional use permit.
19.40.200 Posting of performance bonds.
19.40.210 Appeals on conditional use permit determination.
19.40.010 Purpose.
This chapter is intended to detail the procedures and responsibilities of the designated official in the processing, consideration and issuance of variances and conditional use permits. In regard to variances, this chapter shall apply to claims that the provisions of the zoning code are unduly prohibitive to reasonable use of property as intended by this title. In regards to conditional use permits, this chapter shall apply after application for consideration and issuance of a conditional use permit subject to the conditions set forth in this title. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 2, 1992).
19.40.020 Variances and authority to grant.
Upon the filing of a proper application, the designated official shall have the authority, subject to provisions of this chapter, to grant, upon such conditions as it may determine, variances from required lot width, depth or area; required front, side or rear yards; required height of buildings, fences and structures; maximum floor area, impervious surface coverage and signage; and required parking. Nothing in this chapter shall be construed to give any property owner a right to use any property in any manner which requires a variance, unless a variance for such use has first been granted and is in full force and effect pursuant to all conditions attached thereto. Further, the authority to grant a variance does not extend to use regulations set forth in this title. No variance shall permit a use not permitted in the zone district applicable to a property. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 3, 1992).
19.40.030 Required findings to grant variance.
Each determination granting a variance shall be supported by written findings showing specifically wherein all of the following conditions exist:
(1) Because of unusual conditions applicable to the subject property, including size, shape, topography, location, natural features or surroundings, which were not created by the owner or applicant, the strict application of this title would deprive the property of rights and privileges enjoyed by other properties in the vicinity and zone in which the subject property is located; and
(2) The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located; and
(3) That the granting of such variance will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements of such vicinity and/or zone in which the property is located; and
(4) The literal interpretation and strict application of the applicable provisions or requirements of this title could cause undue and unnecessary hardship; and
(5) The requested variance would be consistent with the spirit and purpose of the zoning code and adopted land use policies or comprehensive plan, as applicable. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 4, 1992).
19.40.040 Conditions on variance approvals.
The designated official shall have the authority to impose conditions and safeguards as it deems necessary to protect and enhance the health, safety and welfare of the surrounding area, and to assure that the proposed variance fully meets the criteria set forth in BMC 19.40.030. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 5, 1992).
19.40.050 Public hearing required for variance.
Before the designated official may grant, amend or deny any application for a variance, the designated official shall conduct a duly noticed public hearing. Upon completion of the hearing, the decision maker shall grant, amend with conditions or deny with findings the variance application in accordance with the provisions of this chapter. (Ord. 02-18 § 6, 2018; Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 6, 1992).
19.40.060 Expiration of variance grant.
Any variance granted by the designated official shall become null and void if not exercised within the time specified in such variance or, if no time is specified, within one year of the date of approval of such variance. A variance shall be deemed exercised and remain in full force and effect when a building permit has been issued and substantial construction accomplished in reliance upon said permit. If such variance is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure for variance prescribed in this chapter. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 7, 1992).
19.40.070 Extension of time for variance permit.
Upon written request by a property owner or his/her authorized representative, also designated in writing, prior to the date of variance expiration, and following consideration at a public meeting, the designated official may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of the variance which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 8, 1992).
19.40.080 Cancellation of a variance.
A valid variance granted by the designated official may be canceled at any time. Cancellation must be initiated by the owner of the property covered by the variance by means of a written request to the planning director. The variance shall then become null and void 15 calendar days thereafter. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 9, 1992).
19.40.090 Revocation of a variance.
Following a public hearing, the designated official may revoke or add additional conditions to any variance issued on any one or more of the following grounds:
(1) That the approval was obtained by fraud or that erroneous information was presented by the applicant or his/her designated representative and considered in the granting of the variance;
(2) That the variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
(3) That the use for which the approval was granted is being so exercised as to constitute a nuisance. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 10, 1992).
19.40.100 Posting of performance bonds.
Notwithstanding the provisions of BMC 19.40.040, whenever a variance is granted upon any condition or limitation, the person seeking the variance may be required to furnish security in the form of money, letter of credit from a bank, or a surety bond in an amount fixed by the designated official to ensure compliance with the conditions and limitations upon which variance is granted. Every such bond shall be a performance bond payable to the city and shall be conditional upon compliance with the conditions and limitations upon which such variance is granted. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 11, 1992).
19.40.110 Appeals of variance determination.
A final action under this chapter with respect to a variance shall be appealed in accordance with BMC Title 20. (Ord. 13-19 § 3, 2019; Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 33-95 § 5, 1995; Ord. 1-92 § 12, 1992).
19.40.115 Administrative variance.
(1) Purpose. The administrative variance process is intended to allow the planning director or the planning director’s designated official to grant relief from a limited set of requirements included in this title.
(2) Applicability. The planning director or the planning director’s designated official shall have the authority to grant variances from the following development standards up to deviations from the quantifiable standards shown:
(a) Lot width – not to exceed 10 percent of code standards.
(b) Lot depth – not to exceed 10 percent of code standards.
(c) Setbacks – not to exceed 20 percent of code standards.
(d) Lot coverage – not to exceed 20 percent of code standards.
(e) Building height – not to exceed 20 percent of code standards.
(f) Projection distances into setbacks – not to exceed 25 percent of code standards.
(g) Landscaping buffers – not to exceed 25 percent of code standards.
In authorization of an administrative variance, the planning director may include conditions regarding aspects of the proposal that the planning director deems necessary to carry out the intent and purpose of the city of Buckley zoning code and comprehensive plan.
(3) Required Findings to Grant Administrative Variance. The planning director may authorize an administrative variance to zoning code regulations. Each determination granting an administrative variance shall be supported by written findings showing specifically wherein all of the following conditions exist:
(a) The variance will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located;
(b) The variance will not be detrimental to adjacent natural features, critical areas, or open space;
(c) The variance will not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies;
(d) The variance will not constitute a threat to public health, safety, and welfare within the city;
(e) The variance will not grant a special privilege to the property owner;
(f) Strict enforcement of the requirements of this title creates an unnecessary hardship to the property owner or would deprive the property owner of the rights commonly enjoyed by adjoining properties; and
(g) The variance is the minimum necessary to grant relief to the applicant.
(4) Submittal Requirements. A property owner, or their duly authorized agent, may file an application for an administrative variance on a form prescribed by the planning director and filed with the building and planning department.
(5) Procedure for Approval. Administrative variance applications will be processed as Type A-2 applications, as described in BMC Title 20. (Ord. 02-22 § 11, 2022; Ord. 13-20 § 1 (Att. A), 2020).
19.40.120 Conditional use permits and authority to grant.
Certain uses require a special degree of control due to unusual effects or characteristics peculiar to them, or because of size, location, type of equipment used, or demands upon public facilities resulting from such use. Therefore, the designated official shall have the authority subject to provisions of this chapter to grant, upon such conditions as they may determine, a conditional use permit as may be in harmony with the scope and purpose of this title and zone district in which the use is to be located, and the goals, objectives and policies of the Buckley comprehensive plan. Nothing in this chapter shall be construed to give any property owner a right to use any property in any manner which requires a conditional use permit, unless a conditional use permit for such use has first been granted and is in full force and effect pursuant to all conditions attached thereto. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 13, 1992).
19.40.130 Required findings to grant conditional use permit.
Each conditional use permit shall be supported by written findings of fact showing specifically wherein all of the following conditions exist:
(1) That the use for which the conditional use permit is applied is specified by this title as being conditionally permitted within and is consistent with the description and purpose of the zone district in which the property is located;
(2) That the granting of such conditional use permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and/or zone in which the property is located;
(3) That the proposed use is properly located in relation to the other land uses and to transportation and service facilities in the vicinity; and, further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;
(4) That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and other such features, as are required by this title or as needed in the opinion of the designated official, and are properly provided to be compatible and harmonious with adjacent and nearby uses;
(5) That the granting of such conditional use permit will not be contrary to the adopted Buckley comprehensive plan, or to the objectives of any code, ordinance, regulation, specifications or plan in effect to implement the comprehensive plan. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 14, 1992).
19.40.140 Conditions on conditional use permit approvals.
The designated official shall have the authority to impose conditions and safeguards as it deems necessary to protect and enhance the health, safety and welfare of the surrounding area and to assure that the proposed use or activity fully meets the findings set forth in BMC 19.40.130. No conditional use permit shall require as a condition the dedication of land for any purpose not reasonably related to the use of property for which the conditional use permit is requested, nor posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the conditional use permit is requested. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 15, 1992).
19.40.150 Public hearing required for conditional use permit.
Before the designated official may grant, amend or deny an application for a conditional use permit, the decision maker shall conduct a duly noticed public hearing. Upon completion of the hearing, the decision maker shall grant, amend or deny the conditional use permit application in accordance with the provisions of this chapter. (Ord. 02-18 § 7, 2018; Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 16, 1992).
19.40.160 Expiration of conditional use permit.
Any conditional use permit granted by the designated official shall become null and void if not exercised within the time specified in such permit or, if no time is specified, within one year of the date of approval of such permit. A conditional use permit shall be deemed exercised and remain in full force and effect when a building permit has been issued and substantial construction accomplished in reliance upon the conditional use permit. If such permit is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of a conditionally permitted use. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 17, 1992).
19.40.170 Extension of time of conditional use permit.
Upon written request by a property owner or his/her authorized representative prior to the date of conditional use permit expiration, and following consideration at a public meeting, the designated official may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of the permit which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 18, 1992).
19.40.180 Cancellation of a conditional use permit.
A valid conditional use permit granted by the designated official may be canceled at any time. Cancellation must be initiated by the owner of the property covered by conditional use permit by means of a written request to the planning director. The permit shall then become null and void within 30 calendar days thereafter. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 19, 1992).
19.40.190 Revocation of a conditional use permit.
Following a public hearing, the designated official may revoke or add additional conditions to any conditional use permit issued on any one or more of the following grounds:
(1) That the approval was obtained by fraud or that erroneous information was presented by the applicant or designated representative and considered in the granting of the permit;
(2) That the use for which such approval is granted is not being exercised;
(3) That the use for which such approval is granted has ceased to exist or has been suspended for one year or more;
(4) That the conditional use permit granted is being, or recently has been, exercised contrary to the terms of conditions of such approval, or in violation of any statute, ordinance, law or regulation;
(5) That the use for which the approval was granted is being so exercised as to constitute a nuisance. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 20, 1992).
19.40.200 Posting of performance bonds.
Notwithstanding the provisions of BMC 19.40.140, whenever a conditional use permit is granted upon any condition or limitation, the person seeking the conditional use permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the designated official to ensure compliance with the conditions and limitations upon which permit is granted. Every such bond shall be a performance bond and shall be in a form approved by the city attorney, shall be payable to the city and shall be conditioned upon compliance with the conditions and limitations upon which such permit is required. (Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-92 § 21, 1992).
19.40.210 Appeals on conditional use permit determination.
A final decision under this chapter with respect to a conditional use permit shall be filed in accordance with BMC Title 20. (Ord. 13-19 § 3, 2019; Ord. 06-16 § 24, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 33-95 § 6, 1995; Ord. 1-92 § 22, 1992).