Chapter 17.162
PROCEDURES FOR VARIANCES
Sections:
17.162.010 Variances.
Variances shall be processed as a Type III application per Chapter 17.05 LCC. Variances may be granted that are in harmony with the general purposes and intent of this title; provided, that no variance shall be granted which authorizes a use which is not permitted by the underlying zoning.
(1) Conditions for Variances from General Zoning Regulations. Before any variance may be granted, it shall be shown that the following circumstances are found to apply:
(a) That any variance granted shall not constitute a grant of special privilege, be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for pecuniary reasons alone.
(b) Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of this title is found to cause a hardship and deprive the subject property of a reasonable use or improvement generally allowed in the zone classification. Aesthetic considerations or design preferences without reference to restrictions based upon the physical characteristics of the property do not constitute sufficient hardship under this section.
(c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity.
(2) Conditions for Airport Variances.
(a) Variances shall be required for any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed within an airport overlay zone established in Chapter 17.80 LCC.
(b) Application for a variance request shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe and efficient use of navigable airspace.
(c) Standards of Review. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship and the relief granted will not create a hazard to air navigation and will not be contrary to the public interest, but will do substantial justice, and will be in accordance within the spirit of this chapter.
(3) Conditions of Approval. Any variance granted may be subject to any reasonable conditions that the hearing examiner may deem necessary to effectuate the purposes of this chapter.
(4) Review of Variance Request by Airport Board. No application for a variance to the requirements of this chapter may be considered by the hearing examiner unless a copy of the application has been furnished to the respective airport board for advice as to the aeronautical effects of the variance. If the airport board does not respond within 15 days after receipt, the hearing examiner may act on his/her own to grant or deny said application. [Ord. 1269 §41, 2016]