Chapter 18A.88
VARIANCES
Sections:
18A.88.010 Authority to grant variances.
18A.88.050 Approval or denial of application – Standards.
18A.88.060 Conditions of approval.
18A.88.100 Violations deemed misdemeanor – Penalty – Additional lawful actions.
18A.88.010 Authority to grant variances.
A variance may be granted by the hearing examiner after a public hearing and review by the hearing examiner. (Ord. TLS 23-11-44B Att. A)
18A.88.020 Application.
A written application for a variance from zoning ordinances and any other land use regulatory ordinance or plan shall be submitted to the hearing examiner on forms prescribed by the hearing examiner and shall include such information as requested thereon. No application shall be accepted unless it complies with such requirements. (Ord. TLS 23-11-44B Att. A)
18A.88.030 Fee.
The variance application shall be accompanied by a nonrefundable fee established by the board of county commissioners. No action shall be taken upon the application until the fee has been paid. (Ord. TLS 23-11-44B Att. A)
18A.88.050 Approval or denial of application – Standards.
Subject to conditions, safeguards and procedures provided by ordinance, the hearing examiner shall be empowered to hear and decide:
A. Applications for variances from the terms of the zoning ordinances, from the official zoning map ordinance and from other land use regulatory ordinances prescribed by city ordinance, and no application for a variance shall be granted unless the hearing examiner finds:
1. That 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 subject property 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 granting of such variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is situated.
B. In deciding any of the matters referred to him/her, the hearing examiner shall issue a written report giving the reasons for its decision. The hearing examiner shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. (Ord. TLS 23-11-44B Att. A)
18A.88.060 Conditions of approval.
In approving any variance, the hearing examiner may impose reasonable conditions to ensure that the variance shall not be materially detrimental to the public welfare or injurious to property or improvements in the area. (Ord. TLS 23-11-44B Att. A)
18A.88.070 Reserved.
(Ord. TLS 23-11-44B Att. A)
18A.88.090 Findings of fact.
In issuing an order, requirement, decision or determination, the hearing examiner shall make written findings of fact stating reasons upon which the action is based. (Ord. TLS 23-11-44B Att. A)
18A.88.100 Violations deemed misdemeanor – Penalty – Additional lawful actions.
A. Failure to comply with the provisions of this chapter, prior to the erection of any building constituting a variance from the zoning ordinances, or failure to comply with zoning ordinances as presently established without complying with the provisions of this chapter in the application of a proper variance, shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense.
B. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may be found guilty of a separate offense and suffer the penalties provided in DCC 1.20.010, as the same exists now or may hereafter be amended.
C. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violations. (Ord. TLS 23-11-44B Att. A)