Chapter 18.65
VARIANCES

Sections:

18.65.010    Purpose.

18.65.020    Criteria for granting variances.

18.65.030    Conditions – Expiration.

18.65.040    Application.

18.65.050    Hearing.

18.65.060    Decision of commission.

18.65.070    Prohibited uses.

18.65.010 Purpose.

It is the purpose of this chapter to authorize upon appeal in specific cases such variances from the provisions of this title or other land use regulatory ordinances the town may adopt which will not be contrary to the public interest and only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in an unnecessary hardship. A variance shall not be granted for a use not permitted in the specific district where the lot is located. (Ord. 433, 2012; Ord. 235 § 5.11, 1995)

18.65.020 Criteria for granting variances.

The planning commission shall consider all requests for variance from the specific property or performance standards of this title. Variances shall not be granted by the planning commission unless the commission finds that all of the following facts and conditions exist:

(1) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zoning district in which the property on behalf of which the application was filed is located.

(2) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property in order 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.

(3) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zoning district in which the subject property is situated.

(4) The authorization of such variance will not adversely affect the implementation of the comprehensive land use plan.

(5) The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zoning district. (Ord. 433, 2012; Ord. 235 § 5.12, 1995)

18.65.030 Conditions – Expiration.

In authorizing the variance, the planning commission may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter. A variance so authorized shall become void after the expiration of one year if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the commission may extend the period for not more than an additional 12 months upon finding that there has been no basic change in pertinent conditions surrounding the property since the time of original approval. (Ord. 433, 2012; Ord. 235 § 5.13, 1995)

18.65.040 Application.

An application to the planning commission for the issuance of a variance shall be made on forms prescribed by the town. All applications shall be accompanied by a filing fee and shall include but may not be limited to the following documents:

(1) Completed application form.

(2) Site plan or other related map materials which clearly indicate the dimensional characteristics of the site and structures involved.

(3) Affidavit of the ownership or of substantial beneficial interest in the subject property.

(4) Vicinity map.

(5) List of names and envelopes addressed to all property owners within 300 feet of the subject site.

(6) Any other graphic materials required to adequately describe this proposal. (Ord. 433, 2012; Ord. 235 § 5.14, 1995)

18.65.050 Hearing.

When a proper and complete variance application has been filed and reviewed by the town planning department, the planning commission shall set a date for the public hearing not less than 10 nor more than 60 days from the date the town notifies the applicant by letter that his application has been accepted. (Ord. 433, 2012; Ord. 235 § 5.15, 1995)

18.65.060 Decision of commission.

The planning commission shall decide all applications no later than 45 days after the public hearing. The town council shall decide the application and the commission’s recommendation within an additional 45 days after the planning commission has made a recommendation. (Ord. 433, 2012; Ord. 235 § 5.16, 1995)

18.65.070 Prohibited uses.

Under no circumstances shall the planning commission grant a variance to permit a use not generally or conditionally permitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of this title in that zoning district. (Ord. 433, 2012; Ord. 235 § 5.17, 1995)