Chapter 18.55
VARIANCES AND APPEALS OF INTERPRETATIONS1
Sections:
18.55.010 Right to apply for variance or appeal interpretation made by building official.
18.55.030 Jurisdiction – Review of decision of town engineer or building official.
18.55.040 Jurisdiction – Variances.
18.55.050 Hearing examiner’s findings for variances.
18.55.060 Time decision effective.
18.55.010 Right to apply for variance or appeal interpretation made by building official.
Any person or persons aggrieved, or any town officer or official of any department, board or commission of the town, jointly or severally, may be the applicant, and may petition the hearing examiner for relief from any provision of HPMC Title 18, hereinafter referred to as “the zoning ordinance” or from any determination of the building official or town engineer in the application of the provisions of the zoning ordinance to the applicant’s land and/or structure. The applicant may appear at a public hearing at a time and place fixed by the town either in person, by agent, or by attorney. [Ord. 349 § 4, 1998]
18.55.020 Petitions.
Any person or persons aggrieved, jointly or severally, and any person, officer or official of any department, board or commission of the town may support or oppose, by petition or letter, the applicant’s request for a variance or appeal of an interpretation. The petition or letter shall specify the reasons for supporting or opposing the applicant’s request, and shall contain the signature and description of the land of each property owner signing the petition or letter. The petition or letter shall be submitted to the hearing examiner at the time designated in its rules or procedure. [Ord. 349 § 4, 1998]
18.55.030 Jurisdiction – Review of decision of town engineer or building official.
Upon the town clerk’s receipt of a complete application which appeals the interpretation of the town building official or town engineer, the hearing examiner shall review the interpretation of the provisions of the zoning ordinance made by the town engineer or building official; and any order, requirement, decision, or determination relating thereto, in the application for any specific provisions of the zoning ordinance to any parcel of land and/or structure. The hearing examiner may affirm, modify or reverse the interpretation of the provisions of the zoning ordinance made by the building official or town engineer, and any order, requirement, decision, or determination relating thereto; and the hearing examiner’s decision shall be based upon the record and the findings in each case, and to that end it shall have all of the powers of the building official or town engineer. [Ord. 349 § 4, 1998]
18.55.040 Jurisdiction – Variances.
Where there are unnecessary hardships and practical difficulties which render it difficult to carry out the provisions of the zoning ordinance, the hearing examiner shall have power in passing upon request for a variance, to grant a variance in harmony with the general purpose and intent of the provisions herein contained, and such variances may vary any rules, regulations or provisions of the zoning ordinance, so that the spirit of the ordinance will be observed, public safety secured and substantial justice done. However, the hearing examiner shall not vary any of the rules, regulations, or provisions of the ordinance unless it shall find that all of the following conditions exist:
(1) The variance will not constitute a grant of special privilege inconsistent with the limitations 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 granting of the 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. [Ord. 349 § 4, 1998]
18.55.050 Hearing examiner’s findings for variances.
The hearing examiner’s findings shall include a report in which a comparison is made of the applicant’s request for a variance from the provisions of the zoning ordinance and of the present land utilization pattern within the neighborhood area of the applicant’s land; such report may contain other pertinent information regarding any existing or preexisting conditions related to topography, geology, traffic, utilities, existing and proposed land utilization, and such conditions set forth by the official plans, development plans, and the comprehensive plan as may be included in the hearing examiner’s findings. The hearing examiner’s findings shall include all of the relevant facts of the applicant’s request and such facts which support and oppose the contention of the applicant. [Ord. 349 § 4, 1998]
18.55.060 Time decision effective.
The decision of the hearing examiner granting or denying a variance shall become final upon issuance. If a complete application for a building permit is not submitted to the town by the applicant within 15 months from the date of the decision, the decision shall cease to be effective. The hearing examiner’s decision on a variance application shall be final and conclusive unless the applicant or an aggrieved party with standing files an appeal to the Superior Court of the State of Washington pursuant to Chapter 36.70C RCW. [Ord. 477 § 1, 2009; Ord. 444 § 1, 2005; Ord. 349 § 4, 1998]
18.55.070 Hearings.
Hearings held before the hearing examiner shall be held at such times as the hearing examiner may determine. There shall be a fixed place of hearing, and all hearings shall be open to the public. Notices of all public hearings of the hearing examiner shall be posted within the vicinity of the land and/or structures in question 15 days prior to the public hearing. The hearing examiner shall adopt its own rules of procedure and keep a record of proceedings, findings, and action taken in each case. [Ord. 349 § 4, 1998]
18.55.080 Procedure.
Applications for variances or appeals of the interpretation of the building official or town engineer may be made to the hearing examiner. The town clerk shall receive all such applications and shall maintain and be custodian of all records of the minutes of the meetings and findings of the hearing examiner. All records shall be open to the public. Copies of applicant’s notice of request for all variances or appeals of interpretations shall be filed with the building official, the town engineer, planning commission, and the hearing examiner, and shall contain the decision of the building official and/or town engineer and shall include the reasons why the applicant is aggrieved, specifying the grounds therefor. Upon the filing of such an application, the building official and town engineer shall forthwith transmit to the hearing examiner all papers constituting the records and decision of the building official or town engineer relating to the application. The hearing examiner shall fix a reasonable time for the hearing of the application, give due notice thereof to the parties and general public, and decide the same in accordance with the procedures set forth in HPMC 18.55.060 and Chapter 2.35 HPMC. The final disposition by the hearing examiner of any application under this chapter shall be in the form of an order. [Ord. 349 § 4, 1998]
18.55.090 Stay.
An application to the hearing examiner under this chapter stays all proceedings in furtherance of the action from which the request for a variance or appeal of interpretation was taken, unless the building official certifies to the hearing examiner that by reason of the facts stated in the certification, a stay would, in the building official’s opinion, cause imminent peril to life or property, in which case such action shall not be stayed otherwise than by restraining order issued by the Superior Court. The decision of the hearing examiner on the request for a stay shall be transmitted to the building official. [Ord. 349 § 4, 1998]
Code reviser’s note: See also Chapter 2.35 HPMC, relating to hearing examiner.
Prior legislation: Ord. 212.