Chapter 18.290
VARIANCES
Sections:
18.290.040 Limitations of permit.
18.290.010 Purpose.
A variance is a mechanism by which the city may grant relief from the provisions of this title where a practical difficulty renders compliance with the provisions of this title an unnecessary hardship, where the hardship is a result of the special circumstances related to physical characteristics of the subject property, and where the purpose of the title can be fulfilled through the approval of a variance. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.290.020 Review authority.
All variance permits shall be processed as Type III applications according to the provisions of Title 19. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.290.030 Approval criteria.
The review authority may permit and authorize a variance of any numerical standard, excluding housing density and lot area, from the requirements of this title. A variance shall be made only when all of the following conditions and facts exist:
A. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located.
B. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located.
C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located.
D. The granting of such variance will not adversely affect the realization of the comprehensive plan.
E. The need for a variance was not brought upon by an action of the applicant or property owner. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, X(A)), 2003. Formerly 18.92.010)
18.290.040 Limitations of permit.
A variance permit shall become void two years after approval, unless a building permit has been issued to construct the development approved by the variance. The planning director may extend the permit for one year pursuant to Section 19.30.030. (Ord. 2024-18 § 2 (Exh. A.2), 2024; Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, X(A)), 2003. Formerly 18.92.010)