Chapter 20.85
VARIANCES
Sections:
20.85.005 Variances and authority to grant.
20.85.010 Required findings to grant.
20.85.015 Conditions on variance approvals.
20.85.020 Public hearing required.
20.85.035 Cancellation of a variance.
20.85.040 Revocation of a variance.
20.85.045 Posting of performance bonds.
20.85.000 Scope and purpose.
Except as provided for in Chapter 20.86 PMC, this chapter is intended to detail the procedures and responsibilities of the hearing examiner in the processing, consideration and issuance of variances from strict application of the provisions of zoning whenever such provisions are unduly prohibitive to reasonable use of property as intended by this title. (Ord. 2523 § 1, 1997; Ord. 2268 § 60, 1991; Ord. 2147 Exh. A, 1987).
20.85.005 Variances and authority to grant.
Upon the filing of a proper application, the hearing examiner shall have the authority, subject to the provisions of this chapter, to grant, upon such conditions as he/she may determine, variances from required lot width, depth or area; required front, side or rear yards; required landscaped setbacks; required height of buildings, fences and structures; maximum floor area, coverage and signage; and required parking. Nothing in this chapter shall be construed to give any property owner a right to use any property in any manner which requires a variance, unless a variance for such use has first been granted and is in full force and effect pursuant to all conditions attached thereto. Further, the authority to grant a variance does not extend to use regulations set forth in this title. No variance shall permit a use not permitted in the zone district applicable to a property. (Ord. 2523 § 1, 1997; Ord. 2346 § 1(17), 1993; Ord. 2268 § 61, 1991; Ord. 2147 Exh. A, 1987).
20.85.010 Required findings to grant.
Each determination granting a variance shall be supported by written findings showing specifically wherein all of the following conditions exist:
(1) The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and/or contiguous zone in which the property on behalf of which application has been filed is located. For purposes of this subsection, vicinity shall be defined to only include a radius of 1,000 feet or be within the boundaries of an established subdivision when the variance request pertains to a single-family residential use; and
(2) That the granting of such variance will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood within a radius of 1,000 feet, and will not be injurious to the property or improvements of such vicinity and/or contiguous zone in which the property is located; and
(3) That such variance is necessary, because of special circumstances relating to the size, shape, topography, unusual natural features, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity within a radius of 1,000 feet and/or contiguous zone in which the subject property is located. Such circumstances shall not be the result of some action caused by the applicant and/or previous property owners. (Ord. 2523 § 1, 1997; Ord. 2147 Exh. A, 1987).
20.85.015 Conditions on variance approvals.
The hearing examiner shall have the authority to impose conditions and safeguards as he/she deems necessary to protect and enhance the health, safety and welfare of the surrounding area, and to assure that the proposed variance fully meets the criteria set forth in PMC 20.85.010. (Ord. 2523 § 1, 1997; Ord. 2268 § 62, 1991; Ord. 2147 Exh. A, 1987).
20.85.020 Public hearing required.
Before the hearing examiner may grant, amend or deny any application for a variance, the hearing examiner shall conduct a duly noticed public hearing pursuant to Chapter 20.12 PMC. Within 10 business days of the conclusion of said hearing the hearing examiner shall render a written decision supported by findings and conclusions granting, amending, or denying said variance application in accordance with the provisions of this chapter. (Ord. 2523 § 1, 1997; Ord. 2268 § 63, 1991; Ord. 2147 Exh. A, 1987).
20.85.025 Expiration.
Any variance granted by the hearing examiner shall become null and void if not exercised within one year of the date of approval of such variance. A variance shall be deemed exercised and remain in full force and effect when a complete building permit, or complete civil engineering permit when no building permit is required, has been submitted which is related to the structure(s) and/or improvement(s) which received the variance. If such variance is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure for variance prescribed in this chapter. (Ord. 3113 § 5, 2016; Ord. 2523 § 1, 1997; Ord. 2268 § 64, 1991; Ord. 2147 Exh. A, 1987).
20.85.030 Extension of time.
Upon written request by a property owner or his/her authorized representative prior to the date of variance expiration, and following consideration at a public meeting, the hearing examiner may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of said variance which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare. (Ord. 2523 § 1, 1997; Ord. 2268 § 65, 1991; Ord. 2147 Exh. A, 1987).
20.85.035 Cancellation of a variance.
A valid variance granted by the hearing examiner may be canceled at any time. Cancellation must be initiated by the owner of the property covered by the variance by means of a written request to the planning director. Said variance shall then become null and void 30 calendar days thereafter. (Ord. 2523 § 1, 1997; Ord. 2268 § 66, 1991; Ord. 2147 Exh. A, 1987).
20.85.040 Revocation of a variance.
Following a public hearing, the hearing examiner may revoke or add conditions to any variance issued on any one or more of the following grounds:
(1) That the approval was obtained by fraud or that erroneous information was presented by the applicant and considered in the granting of said variance;
(2) That the variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
(3) That the use for which the approval is granted is being so exercised as to be detrimental to the public health, safety or general welfare, or so as to constitute a nuisance. (Ord. 2523 § 1, 1997; Ord. 2268 § 67, 1991; Ord. 2147 Exh. A, 1987).
20.85.045 Posting of performance bonds.
Notwithstanding the provisions of PMC 20.85.015, whenever a variance is granted upon any condition or limitation, the person seeking the variance may be required to furnish security in the form of money or a surety bond in an amount fixed by the hearing examiner to ensure compliance with the conditions and limitations upon which variance is granted. Every such bond shall be a performance bond payable to the city and shall be conditioned upon compliance with the conditions and limitations upon which such variance is granted. (Ord. 2523 § 1, 1997; Ord. 2268 § 68, 1991; Ord. 2147 Exh. A, 1987).
20.85.050 Appeals.
Any hearing examiner decision on a variance shall be final and conclusive unless overturned on appeal made under the provisions of PMC 20.13.025. (Ord. 2523 § 1, 1997; Ord. 2268 § 69, 1991; Ord. 2147 Exh. A, 1987).