Chapter 17A.320
VARIANCES
Sections:
17A.320.040 Environmental review.
17A.320.060 Setting for hearing.
17A.320.070 Standards and criteria.
17A.320.090 Permit, operation.
17A.320.110 Administrative variances.
17A.320.010 Purpose.
The purpose of the variance permit is to authorize the use of variances, in accordance with Chapter 36.70 RCW, and implement a review process by which Okanogan County may determine whether strict interpretation of this title deprives the public from reasonable use of property. The following standards and criteria and procedures apply to variances authorized by this chapter. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.020 Authority.
Okanogan County’s office of planning and development administers the provisions of this chapter and processes applications for variances. The office of planning and development may prepare, and require the use of, such forms as are essential to the administration of this chapter, and may issue such orders, requirements, decisions, or determinations concerning the application of this chapter.
A. The hearing examiner or board of adjustment shall hear and decide all applications processed in accordance with this chapter, as a quasi-judicial process in accordance with OCC Title 20, Development Permit Procedures and Administration, except for those applications which do not require a hearing or do not require involvement by the hearing examiner or board of adjustment.
B. The zoning administrator is the authorized zoning adjustor pursuant to RCW 36.70.200, and in this capacity shall decide on administrative orders in accordance with this chapter and OCC Title 20, Development Permit Procedures and Administration. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.030 Applications.
Applications shall be submitted to, and subsequently processed by, the office of planning and development. A complete application includes:
A. Application Fee. As specified in Okanogan County’s fee schedule which may include collection of application fees for other agencies.
B. Land use permit application.
C. SEPA Environmental Checklist. The SEPA environmental checklist is required only if the proposal is not categorically exempt in accordance with Chapter 14.04 OCC, Environmental Policy, and/or Chapter 197-11 WAC Part Nine, Categorical Exemptions (see OCC 17A.320.040).
D. Project Description. A thorough narrative explaining the purpose and scope of the proposed activity and/or structure. The scope of the project description will depend greatly on the nature of the proposal. The project description should explain, but not be limited to, the purpose for the variance, whether the variance affects permitted uses or structure(s), and other elements relative to the project which may include use of structure(s), roads, utilities and systems, excavation, etc. The project description explains how the proposal is consistent with the standards and criteria section of this chapter (see OCC 17A.320.070).
E. Site Plan. The site plan is a map, drawn to scale, which clearly represents existing conditions and the proposed development activity and should be consistent with the project description. The scope of the site plan will depend greatly on the nature of the proposal. The site plan should include but not be limited to existing and proposed structures, property lines, roads, easements, parking areas and access points and circulation patterns, wells, utilities. Include location of critical areas such as lakes, rivers, and streams, wetlands, floodplains, steep slopes, etc. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.040 Environmental review.
SEPA review, including submission of a completed SEPA environmental checklist, is required for those applications which are not exempt from review in accordance with Chapter 14.04 OCC, Environmental Policy, and/or Chapter 197-11 WAC Part Nine, Categorical Exemptions. When SEPA review is required, application and SEPA procedures shall run concurrently where possible. Concurrent processing includes consolidated publications, public and agency notifications, and appeal procedures.
A. Previous SEPA Review. Pertaining to new applications and amendments of existing applications, if the SEPA responsible official determines that a previously adopted SEPA determination is adequate for the current proposal (WAC 197-11-600) then additional review shall not be required. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.050 Review process.
The office of planning and development shall process complete applications for variances in accordance with OCC Title 20, Development Permit Procedures and Administration, as a quasi-judicial process. Following the submission of a complete application, the review process shall proceed, including a comment period, notifications, publication, and preparation for the public hearing. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.060 Setting for hearing.
The hearing examiner or board of adjustment shall hear and decide all applications for variances, except for those applications which are processed administratively if such a process is authorized by this chapter. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.070 Standards and criteria.
Before any variance is granted by the hearing examiner or board of adjustment, it shall be known that all the following criteria apply:
A. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations of other properties in the vicinity and zone in which the subject property is situated; and
B. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning code is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classifications; and
C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in which the subject property or improvements are situated. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.080 Conditions.
Conditions may be required for the approval of a variance in order to mitigate any impacts which may result from the approval of the application. Any conditions imposed should be reasonably calculated to insure the proposal will remain consistent with the comprehensive plan and zoning for the subject area. Any conditions imposed should not be unnecessarily onerous. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.090 Permit, operation.
The final order of the hearing examiner or board of adjustment is conclusive and authorizes immediate operation of the proposed activity, unless otherwise specified. All conditions of approval must be met prior to operation and throughout the duration of the project. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.100 Records.
The variance application, evidence of notice, the record of proceedings and other material accepted as evidence and the written decision along with findings of facts and conclusions shall become a part of the official records of the hearing examiner or board of adjustment and shall be retained in the office of planning and development. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.320.110 Administrative variances.
The authorized zoning adjuster shall review and subsequently approve, approve with conditions, or deny applications for administrative variances.
A. Applications for administrative variances shall be processed in accordance with administrative application procedures in accordance with OCC Title 20, Development Permit Procedures and Administration.
B. The types of administrative variances which are authorized by this chapter include:
1. Property line setbacks. A deviation may be granted from the required front, side, or rear property line setback required by this title upon a finding that the criteria of OCC 17A.320.070 apply. (Ord. 2016-4 § 1 (Att. A), 2016).