Chapter 17.95
VARIANCES
Sections:
17.95.050 Criteria for granting a variance.
17.95.010 Purpose and intent.
A variance is granted to allow relief from total compliance with the zoning code where such compliance would create an unnecessary hardship or deprive an owner of any reasonable use of the property. (Ord. 433 § 19.10, 1997)
17.95.020 Authorization.
The Forks planning commission is empowered to hear and recommend to city council for determination all applications for variance from the provisions of this code. (Ord. 433 § 19.20, 1997)
17.95.030 Application.
Written application for variance shall be filed with the city planning director and be accompanied by the fees for variance applications noted elsewhere in this code. (Ord. 433 § 19.30, 1997)
17.95.040 Notice of hearing.
Prior to the consideration at a public hearing of an application for a variance, proper public notification shall be given concerning the time, place, and purpose of such hearing. Such notifications shall be made in accordance with the notice provisions of this code found in Chapter 17.120 FMC. (Ord. 433 § 19.40, 1997)
17.95.050 Criteria for granting a variance.
A variance shall not be granted unless it is found:
(1) That the applicant experiences unnecessary hardship and that this hardship:
(a) Does not result from the applicant’s own action;
(b) Arises from unique physical circumstances relating to the size, shape, topography, locations, or surroundings of the subject property which deprives the owner of the use, right, and privileges permitted to owners of other property in the same zoning classification in which the subject property is located;
(2) That the granting of such variance will not adversely affect adjacent property;
(3) That the variance does not constitute a "use" variance or a special privilege to the applicant to use property for purposes other than those allowed within the zone district in which the property is located;
(4) That the variance does not create a conflict between the variance and the comprehensive plan;
(5) That the variance will not result in the change of the boundaries of a zoning district. (Ord. 433 § 19.50, 1997)
17.95.060 Revocation.
A variance may be revoked on any one or more of the following grounds:
(1) That the variance was obtained by fraud;
(2) That the variance is being exercised contrary to its terms and conditions or in violation of law;
(3) That the variance is being exercised so as to be detrimental to public health, safety or welfare;
(4) That the variance is contrary to the provisions in the comprehensive plan. The Forks planning commission may initiate proceedings to revoke a variance. The building inspector or any other aggrieved person may petition the commission to conduct a revocation hearing on the grounds previously listed. Notice requirements and hearing procedures shall be the same as required for the initial consideration thereof. The city council shall make the final determination. (Ord. 433 § 19.60, 1997)