Chapter 15.52
VARIANCES
Sections:
15.52.020 Pre-application conference.
15.52.030 Submitting application, related materials and application fee.
15.52.040 Determination of completeness.
15.52.050 Public hearing notice.
15.52.060 Criteria to be considered.
15.52.070 City planner review and recommendation on variances.
15.52.090 Hearing examiner review and decision on variances.
15.52.010 Description.
A. A variance is permission to build something in a way that is otherwise not allowed by this title. A variance is used to deviate from zoning standards, not from the type of use allowed.
B. A variance gives private property owners relief from the city’s zoning requirements when special circumstances are present. A variance can be applied for when unusual physical conditions of a specific property make it impossible for the owner to meet the requirements of that zone, and therefore the owner needs to vary the size, dimension or design requirements of that zone. Variances are only to be used to mitigate hardships caused by topography or location of existing buildings.
C. A variance is exempt from SEPA requirements. (Ord. 627 (part), 1999)
15.52.020 Pre-application conference.
A. An applicant may request a pre-application conference with the city planner before submitting a variance application to discuss requirements and the review process, in accordance with Section 15.08.040.
B. If an applicant requests consolidated permit processing, a pre-application conference is required. (Ord. 627 (part), 1999)
15.52.030 Submitting application, related materials and application fee.
A. Persons requesting a variance must submit the following to the clerk-treasurer, in accordance with Section 15.08.060.
1. A variance application form, provided by the city;
2. A scaled drawing of the property with existing buildings and proposed new construction; and
3. Application fee (see current fee schedule).
B. The clerk-treasurer will forward items in subsections A1 and 2 above to the city planner. (Ord. 627 (part), 1999)
15.52.040 Determination of completeness.
The city planner must notify the applicant that the variance application has been received and that it is complete or incomplete, in accordance with Section 15.08.070. (Ord. 627 (part), 1999)
15.52.050 Public hearing notice.
Upon notification from the city planner that the application is complete, the clerk-treasurer will provide notice of a hearing examiner public hearing in accordance with Section 15.08.110. (Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.52.060 Criteria to be considered.
Variances will only be granted when the applicant demonstrates that all of the following conditions are met:
A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
B. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
C. That the special conditions and circumstances do not result from the actions of the applicant;
D. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district; and
E. That the granting of the variance will be in harmony with the general purpose and intent of this title, will not be injurious to the neighborhood, or otherwise detrimental to public welfare. (Ord. 627 (part), 1999)
15.52.070 City planner review and recommendation on variances.
After a variance application is complete according to Section 15.08.070, the city planner will consider the criteria listed in Sections 15.52.060A through E and prepare a report summarizing his or her findings, conclusions and recommendations regarding the variance application, then forward the report to the hearing examiner. (Ord. 904 § 1 (part), 2020: Ord. 627 (part), 1999)
15.52.090 Hearing examiner review and decision on variances.
A. After receiving a report from the city planner on a variance application and after due notice, the hearing examiner will conduct a public hearing on the variance application, at which it will consider the application, related materials, the city planner’s report, any SEPA determinations, the criteria listed in Sections 15.52.060A through E, and any comments made at the hearing by the applicant(s), neighboring property owners, and other interested parties.
B. Following the public hearing, the hearing examiner may approve, approve with conditions or deny the variance request.
C. Every decision made by the hearing examiner must include findings of fact and conclusions to support the decision. (Ord. 904 § 1 (part), 2020: Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.52.100 Prohibited.
Under no circumstances will a variance be granted to allow a use not permissible under the terms of this title in the district involved. (Ord. 627 (part), 1999)
15.52.110 Report of decision.
A. The hearing examiner must issue a single report stating the decision on a variance application in accordance with Sections 15.08.120 and 15.08.130. The report will serve as the permit, and shall immediately be provided to the city council.
B. The hearing examiner will forward a copy of the report of decision for a variance to the building inspector on the day after the decision is made. (Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.52.120 Appeals.
A. Decisions of the hearing examiner on variances may be appealed to the Pacific County Superior Court in accordance with Section 15.08.160.
B. A variance permit, if not exercised, expires one (1) year after decision by the hearing examiner. (Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)