Chapter 18.26
VARIANCES1
Sections:
18.26.030 Variances – Application, review procedure and fees.
18.26.040 Variances – Standards and criteria.
18.26.050 Variances – Conditions of approval and revocation.
18.26.010 Purpose.
A variance is a mechanism by which the city may grant relief from the provisions of this title where unusual difficulty renders compliance with the provisions of this title an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the intent of this title and of the comprehensive plan can be fulfilled. (Ord. 1256 § 1 (part), 2006: Ord. 1053 § 29, 1998: Ord. 1020 (part), 1997).
18.26.020 Limitations.
The hearing examiner may not grant a variance to certain standards of the zoning code as follows:
A. A variance shall not be granted to the uses established for each zoning district in Table 18.10.030; or
B. The provisions of NBMC Title 20, Administration of Development Regulations, or any other procedural or administrative provision of this title; or
C. Any provision of this title in which it states that such provision is not subject to a variance; or
D. To relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to a property-specific development standard; or
E. To allow the creation of density beyond what is allowed by this title. (Ord. 1256 § 1 (part), 2006: Ord. 1053 § 30, 1998: Ord. 1020 (part), 1997).
18.26.030 Variances – Application, review procedure and fees.
A. Applications for a variance shall follow the procedures for a Type II application pursuant to NBMC Title 20.
B. Variances shall be processed as a Type II application in accordance with NBMC Title 20, Administration of Development Regulations.
C. Fees for a variance shall be as established by city schedule and collected at the time of the variance application. (Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1053 § 31, 1998: Ord. 1020 (part), 1997).
18.26.040 Variances – Standards and criteria.
Applications for variances from the terms of these regulations shall be granted only if the hearing examiner makes written findings of fact and conclusions of law demonstrating that the application satisfies all of the criteria outlined in subsections A through G of this section. The hearing examiner shall not consider the fact the property may be utilized more profitably when granting or denying a variance.
A. The variance shall not constitute a grant of special privilege inconsistent with the limitation on use of other properties similarly affected by the code provision for which a variance is requested;
B. That such variance is necessary, because of special circumstances and/or conditions relating to the size, shape, topography, critical areas, location, or surroundings of the subject property, to provide it with those relative rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The phrase “relative rights and privileges” is to ensure that the property rights and privileges for the subject property are considered primarily in relation to current North Bend land use regulations;
C. That the special conditions and/or circumstances identified in subsection B of this section giving rise to the variance application do not result from the actions of the applicant, property owner, or recent prior owner(s) of the subject property;
D. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property, neighborhood, or improvements in the vicinity and zone in which subject property is situated;
E. That the reasons set forth in the application and the official record justify the granting of the variance, and that the variance is the minimum variance necessary to grant relief to the applicant;
F. That alternative development concepts in compliance with applicable codes have been evaluated, and that undue hardship would result if strict adherence to the applicable codes is required; and
G. That the granting of the variance will not adversely affect implementation of the comprehensive plan or policies adopted thereto and the general purpose and intent of the zoning title or other applicable regulations. (Ord. 1256 § 1 (part), 2006: Ord. 1053 § 33, 1998: Ord. 1048 § 1, 1998: Ord. 1020 (part), 1997. Formerly 18.26.050).
18.26.050 Variances – Conditions of approval and revocation.
A. In granting any variance, the examiner may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated.
B. A variance granted in accordance with this chapter relating to construction of a building or similar facility shall expire five years from the date of such approval. All construction in accordance with the variance shall be completed by the permit expiration date. A single one-year extension may be granted by the director if the applicant can show a good faith effort to complete construction and all construction is scheduled to be completed within that one-year time period. (Ord. 1256 § 1 (part), 2006: Ord. 1053 § 34, 1998: Ord. 1020 (part), 1997).
18.26.060 Appeals.
Appeals to any decisions of the examiner relating to variances shall be administered per guidelines in Chapter 20.06 NBMC. (Ord. 1256 § 1 (part), 2006: Ord. 1053 § 36, 1998: Ord. 1020 (part), 1997. Formerly 18.26.080).
Prior legislation: Ords. 336 and 1190.