Chapter 15.34
VARIANCES
Sections:
15.34.010 Development regulations subject to variance.
15.34.010 Development regulations subject to variance.
A. The hearing examiner may grant a variance to any of these development regulations except for Chapter 15.36 EMC (Shoreline Master Program) and except those governing administrative procedures or permitted uses.
B. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning ordinance is provided by the conditional use process. The hearing examiner shall not grant a variance which has the effect of amending the zoning ordinance. (Ord. 2509 § 8, 2012; Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.34.020 Variance criteria.
A. The hearing examiner shall grant no variance unless it finds, in writing, that:
1. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance;
2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district;
3. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;
5. The granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
6. The plight of the owner is not the result of the owner’s action;
7. The provisions of all other ordinances, with which compliance is required, have been fulfilled.
B. If the proposed variance pertains to off-street parking or off-street loading facilities, to grant the variance the hearing examiner must also find that:
1. Neither present nor anticipated future traffic volumes generated by the use of the site or use of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;
2. The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;
3. The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning ordinance. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).