Chapter 16.90
VARIANCES
Sections:
16.90.005 Development regulations subject to variance.
16.90.020 Determination of completeness.
16.90.030 Scheduling of hearing and publication of notice.
16.90.040 Hearing before hearing examiner.
16.90.080 No administrative appeal.
16.90.005 Development regulations subject to variance.
The hearing examiner may grant a variance to any of the development regulations contained in PMC Titles 13 through 23, except that no variance to administrative procedures or permitted uses in a particular zone shall be allowed. Variances shall be a quasi-judicial type permit. See PMC 16.10.060. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.010 Application.
The applicant shall complete the appropriate application form and submit application and fee to the director. The application form will establish the necessary information. Fees shall be set by resolution. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.020 Determination of completeness.
A. Within 20 working days of submittal, the director shall:
1. Send the applicant either a determination of completeness or a notice stating information required to complete the application; and
2. Advise the applicant of other agencies that may have jurisdiction over the proposal.
B. Within 14 working days of submittal of additional information as required above, the director shall send the applicant either a determination of completeness or another notice stating information required to complete the application. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.030 Scheduling of hearing and publication of notice.
Within 14 working days of determination of completeness the director shall:
A. Determine on what date the notice of application will be published;
B. Schedule a hearing before the hearing examiner for a date between 10 and 30 working days after the date of publication; and
C. Publish a notice of application/hearing in accordance with PMC 16.30.030. The notice shall include the information required in RCW 36.70B.110(2). (Ord. 2050 § 1 (Exh. A), 2021).
16.90.040 Hearing before hearing examiner.
The hearing examiner shall hold the public hearing. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.045 Variance criteria.
A. The hearing examiner shall grant no variance unless they find, in writing, that:
1. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance;
2. There are exceptional or extraordinary circumstances applicable to the property involved or to the intended use of the property, which circumstances are not the result of the applicant’s actions and which do not apply generally to other properties classified in the same zoning district;
3. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
4. The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;
5. The variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
B. An additional criterion in the case of variances to floodplain regulations is as follows: the variance will not result in increased flood heights, additional threats to safety, extraordinary public expense, fraud, or victimization of the public. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.050 Findings.
The hearing examiner shall adopt written findings referencing the applicable permit criteria. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.060 Decision.
The hearing examiner shall decide on the proposal in accordance with its findings. The decision shall be early enough to allow the director to comply with the following section regarding notice of decision. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.070 Notice of decision.
A. Within 120 days of the determination of completion, the director shall issue a notice of decision.
B. The rules embodied in RCW 36.70B.090 shall constitute exceptions to this 120-day deadline.
C. The notice of decision shall be published in accordance with PMC 16.30.030. (Ord. 2050 § 1 (Exh. A), 2021).
16.90.080 No administrative appeal.
Variances may not be administratively appealed. Judicial review of variances is available pursuant to RCW 36.70C.040. (Ord. 2050 § 1 (Exh. A), 2021).