Chapter 18.35
WAIVER OF ZONING REQUIREMENTS AND VARIANCES
Sections
18.35.050 Setback requirements – Waiver limitations.
18.35.010 Title.
This chapter shall be entitled “Waiver of Zoning Requirements and Variances.” [Ord. 1591 § 105, 2014.]
18.35.020 Application.
In those instances where the City Council has passed an ordinance amending the zoning map and such amendment has restricted the use of the rezoned property, by ordinance or concomitant agreement or development agreement pursuant to RCW 36.70B.170 through 36.70B.210, to a specified and unified project in accordance with plans and specifications incorporated by reference in the ordinance granting the zoning amendment, the City Manager or the City Manager’s designee shall have the authority to waive certain setback requirements as described in DMMC 18.35.050. [Ord. 1591 § 106, 2014.]
18.35.030 Purpose.
The purpose of this chapter is to allow a limited waiver of setback requirements as described in DMMC 18.35.050 as in specific circumstances set forth below. [Ord. 1591 § 107, 2014.]
18.35.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 108, 2014.]
18.35.050 Setback requirements – Waiver limitations.
The setback requirements which may be waived are the open spaces between buildings which are required where lots have been short platted and which would not have been required if the lots had not been short platted. Prior to granting the setback requirement waiver, the City Manager or the City Manager’s designee must be satisfied that the waiver is consistent with and effectuates the intent of the City Council in granting the project zoning. [Ord. 1591 § 109, 2014.]
18.35.060 Appeal procedure.
Any person aggrieved by the decision of the City Manager or the City Manager’s designee in either granting or denying a setback requirement waiver in accordance with this chapter may appeal such decision to the Hearing Examiner by filing such appeal in writing with the City Clerk within 10 days of the rendering of such decision. Such appeal shall be in accordance with chapter 18.240 DMMC. [Ord. 1591 § 110, 2014.]
18.35.070 Variance criteria.
The Hearing Examiner may grant a variance, in specific cases, from the provisions of the zoning ordinance or other land use regulatory ordinances as the City may adopt, which will not be contrary to the public interest; but only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship. A variance from the provisions of such ordinance(s) shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that all of the following facts and conditions exist:
(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) That such 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) That the special conditions and circumstances do not result from the actions of the applicant; and
(4) That 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; and
(5) The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Plan; and
(6) That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of the other property in the same zone or vicinity; and
(7) No conforming use of neighboring lands, structures, or buildings in the same zone, and no permitted use of lands, structures, or buildings in other zones, shall be considered grounds for issuance of a variance; and
(8) In granting any variance, the Hearing Examiner may prescribe appropriate conditions and safeguards in conformity with the provisions of the zoning ordinance or other land use regulatory ordinances as the City may adopt. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this section; and
(9) With respect to uses of land, buildings, and other structures, this section is declared to be a definition of the public interest by the City Council, and the spirit of this section will be controverted by any variance which permits a use not generally or by special exception permitted in the zone involved, or any use expressly or by implication prohibited, by the terms of this section in the zone; and
(10) Therefore, under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or by special exception permitted in the zone involved, or any use expressly or by implication prohibited, by the terms of the zoning ordinance in the zone. [Ord. 1591 § 111, 2014.]