Chapter 17.65
VARIANCES
Sections:
17.65.020 Application requirements.
17.65.030 Decision and appeal process.
17.65.040 Review and approval criteria.
17.65.045 Reasonable use permit.
17.65.050 Variance conditions authorized.
17.65.060 Reasonable use permit and variance expiration.
17.65.070 Revocation and modification of variances by the city.
17.65.080 Variance revisions and modifications by applicants.
17.65.010 Purpose.
The purpose of this chapter is to establish a process for reviewing and approving alterations to the requirements of this title, except for Chapter 17.14 MMC, Table of Uses, and procedural requirements, where the strict application of those requirements would deprive a property of privileges enjoyed by other properties with the same zoning district classification. (Ord. 2099 § 2, 2024; Ord. 1761 § 1, 2010; Ord. 1741 § 34, 2009).
17.65.020 Application requirements.
The applicant shall provide application materials as required in Chapter 17.70 MMC (Application Requirements). (Ord. 2099 § 2, 2024; Ord. 1741 § 34, 2009).
17.65.030 Decision and appeal process.
A. Administrative Variances. Variances that do not exceed 20 percent of the standard for bulk and dimensional regulations (Chapters 17.15A and 17.15B MMC) shall be considered administrative variances. Requests for administrative variances shall decided by the community development director in accordance with Process Type III of Chapter 17.71 MMC (Permit Decision and Appeal Processes).
B. Hearing Examiner Variances. Variances that do not qualify as administrative variances shall be considered hearing examiner variances, which shall be decided by the hearing examiner in accordance with Process Type IV of Chapter 17.71 MMC (Permit Decision and Appeal Processes).
C. Approval of a variance shall not be construed as a new standard and does not guarantee future variance approval. (Ord. 2099 § 2, 2024; Ord. 1741 § 34, 2009).
17.65.040 Review and approval criteria.
The community development director or hearing examiner shall have the authority to grant a variance if the applicant demonstrates all of the following conditions have been met:
A. There are unique circumstances or hardships applicable to the subject property or to the intended use, such as shape, topography, location, surroundings, or industry standards, that do not apply generally to the other property or class of use in the same vicinity and zone.
B. That the variance is necessary for the preservation and enjoyment of a substantial property right or use, possessed by other property in the same vicinity and zone, but when because of special circumstances is denied to the property in question.
C. That the granting of the variance will not cause significant negative impact to the public welfare, or be injurious to the properties or improvements in the vicinity defined as a radius of 500 feet or established subdivision.
D. The proposed variance is consistent with the purpose and intent of the zoning code and the goals and policies of the comprehensive plan.
E. The proposed variance will not conflict with other applicable codes or design guidelines.
F. The variance is the minimum adjustment necessary for the reasonable use of the land.
G. The need for the variance is not the result of the deliberate actions of the applicant or property owner.
H. The variance request is not for the sole purpose of making the property more profitable nor for a demonstrated or perceived loss of value.
I. The variance request is not for a use that, expressly or by implication, is prohibited by the terms of this title. (Ord. 2099 § 2, 2024; Ord. 1761 § 2, 2010; Ord. 1741 § 34, 2009).
17.65.045 Reasonable use permit.
A. The hearing examiner shall decide on applications for reasonable use exceptions in accordance with Process Type IV of Chapter 17.71 MMC. When strict or literal application of this title denies all reasonable economic use to the property and a variance would not provide sufficient relief, the hearing examiner, after conducting a hearing, shall have the authority to issue an exception from said regulation when the following conditions have been found to exist:
1. The application of this title would deny all reasonable use of the property;
2. There is no other reasonable use which would result in less adverse significant environmental impacts;
3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this title and the public interest, and does not conflict with the Endangered Species Act or other relevant state or federal laws; and
4. Any waivers of this title’s regulations shall be the minimum necessary to allow for reasonable use of the property.
5. Regulatory waivers under this reasonable use exception shall be limited to bulk and dimensional requirements. If the only way to comply with these reasonable use criteria is by modification to use restrictions, the examiner shall note this in his or her decision and the applicant may then apply for a rezone to seek relief; provided, that nothing in this section shall be construed as altering the requirements for qualifying for a rezone.
B. Any authorized waivers of development regulations under this section shall be subject to conditions established by the examiner including, but not limited to, mitigation in an approved mitigation plan. (Ord. 2099 § 2, 2024; Ord. 1761 § 3, 2010).
17.65.050 Variance conditions authorized.
When granting a variance, the decision maker shall have the power to attach specific conditions to the variance as necessary to satisfy the criteria for approval. (Ord. 2099 § 2, 2024; Ord. 1741 § 34, 2009).
17.65.060 Reasonable use permit and variance expiration.
Any variance or reasonable use permit shall become null and void five years from the date of granting or approval, if not exercised within that period. (Ord. 2099 § 2, 2024; Ord. 1741 § 34, 2009).
17.65.070 Revocation and modification of variances by the city.
The decision maker may revoke or modify any variance on any of the following grounds:
A. That the approval was obtained by fraud;
B. That the variance is being exercised contrary to the terms or conditions of the approval. (Ord. 2099 § 2, 2024; Ord. 1741 § 34, 2009).
17.65.080 Variance revisions and modifications by applicants.
Revisions to an approved variance shall follow the procedure as set forth in Chapter 17.74 MMC (Permit Revision and Modification). (Ord. 2099 § 2, 2024; Ord. 1741 § 34, 2009).