40.550.020 Variances
A. Type I and II (Administrative) Variances.
1. The responsible official may grant a variance to numerical standards including but not limited to: setbacks, buffers, building height, landscaping, width, lot area, lot coverage, lot dimensions and parking standards but not including qualifying standards for programs such as density transfer as provided in this title. Variances for lot area will occur only on parcels within urban growth boundaries.
2. An application for a variance(s) shall be subject to Type I review if the variance(s) is for up to and including ten percent (10%) of the numerical standard(s) in question, except as provided in Section 40.550.020(A)(5). A variance for lot area by ten percent (10%) or less for one (1) lot shall be automatically granted, and no application shall be required.
3. An application for a variance(s) shall be subject to Type II review if the variance(s) is for:
a. More than ten percent (10%) up to and including twenty-five percent (25%) of the numerical standard(s) in question for any lot/proposed lot, except as provided in Section 40.550.020(A)(5); or
b. Up to ten percent (10%) on more than one lot.
The responsible official may not approve an administrative variance of more than twenty-five percent (25%) of any numerical standard.
4. The responsible official shall approve an administrative variance(s) if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance(s) complies with all of the following:
a. Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources; and
b. If variances to more than one (1) regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated; and
c. Adverse impacts resulting from the variance(s) are mitigated to the extent practical; and
d. The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided.
5. Relationship of Administrative Variance to Associated Applications.
a. If an application for an administrative variance is associated with another application(s) subject to this title, or if it is reasonably likely and foreseeable that it will be associated with another application(s) subject to this title, then the application for the administrative variance shall be combined with the associated application(s) for processing and shall be subject to the same procedure type as the highest number procedure type application(s) with which it is combined.
b. If an administrative variance is approved, and, subsequently, an application(s) subject to an equal or higher number procedure type is filed, the decision approving the administrative variance may be altered for good cause by the decision on the merits of subsequent application(s).
c. If an administrative variance is proposed as a post-decision action, then it shall be subject to the procedure type required in Section 40.520.060.
(Amended: Ord. 2006-05-01; Ord. 2009-06-01)
B. Type III Variances.
1. Approval Standards for a Type III Variance. The review authority may permit and authorize a variance from the requirements of this title only when unusual circumstances cause undue hardship in the application of this title. A variance shall be made only when all of the following conditions and facts exist:
a. Unusual circumstances or conditions apply to the property and/or to the intended use that do not apply generally to other property in the same vicinity or district; and
b. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district; and
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
d. That the granting of such variance will not adversely affect the realization of the comprehensive plan.
(Amended: Ord. 2009-06-01)
C. Application and Fee.
A request for a variance may be initiated by a property owner or the property owner’s authorized agent by filing an application with the responsible official. The application shall be accompanied by a site plan prepared in accordance with Section 40.510.050, and other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties. A fee shall be paid to the county at the time of filing the application in accordance with Chapter 6.110A.